Addition  to  Shops 

Lenox  Avenue  and  148th  Street  Yard 


PUBLIC  SERVICE  COMMISSION 
FOR  THE  FIRST  DISTRICT 


INVITATION  TO    CONTRACTORS,   INFORMA- 
TION  FOR  CONTRACTORS  AND  FORMS 
OF  CONTRACT,  BOND  AND  CON- 
TRACTOR'S  PROPOSAL 

FOR 

Construction  of  Addition  to  Shops  at 

LENOX   AVENUE   AND    148TH   STREET   YARD 
(UNDER  CONTRACT  No.  3) 


Form  finally  adopted  by  the  Commission  October  1,  1918,  and 
filed  on  Commencement  of  Advertisement  of  Invitation  to 
Contractors. 

L  1829-150-Scpt..  '18  (B) 


PUBLIC     SERVICE    COMMISSION 
FOR    THE    FIRST    DISTRICT 


INVITATION  TO  CONTRACTORS,  INFORMA- 
TION FOR  CONTRACTORS  AND  FORMS 
OF  CONTRACT,  BOND  AND  CON- 
TRACTOR'S PROPOSAL 

FOR 

Construction  of  Addition  to  Shops  at 

LENOX  AVENUE   AND    148TH  STREET  YARD 
(UNDER  CONTRACT  No.  3) 


TF 


TABLE  OF  CONTENTS 


PAGE 
INVITATION  TO  CONTRACTORS I 

INFORMATION  FOR  CONTRACTORS II 

CONTRACT    1 

CHAPTER  I — GENERAL  PROVISIONS  AND  DEFINITIONS.  ...  3 

CHAPTER  II — WORK  TO  BE  DONE,  PRICES,  ETC 7 

CHAPTER    III — SPECIFICATIONS    23 

CHAPTER  IV — SECURITY    TO    BE    FURNISHED   BY    CON- 
TRACTOR        89 

CHAPTER  V — PAYMENTS  TO  CONTRACTOR 94 

CHAPTER   VI — CONTRACTOR'S   LIABILITY   FOR   INJURIES 

TO  PERSONS  OR  PROPERTY 100 

CHAPTER  VII — CITY  TO  SECURE  CONTRACTOR  AGAINST 

INTERFERENCE     BY     INJUNCTIONS,     TO     ACQUIRE 
REAL  ESTATE,   ETC 106 

CHAPTER  VIII — TIME  FOR  COMPLETION,  DAMAGES  FOR 

DELAY,    ETC 108 

CHAPTER    IX — REMEDIES    IN    CASE    OF    CONTRACTOR'S 

DEFAULT Ill 

CHAPTER  X — MISCELLANEOUS  PROVISIONS. 114 

FORM  OF  CONTRACTOR'S  BOND 121 

FORM  OF  CONTRACTOR'S  PROPOSAL.  ,    125 


M259758 


INVITATION    TO    CONTRACTORS 

ADDITION   TO   SHOPS   AT   LENOX   AVENUE  AND    148TH   STREET 

YARD 

Sealed  bids  or  proposals  for  the  construction  of  an  addition 
to  the  existing  shops  at  Lenox  Avenue  and  148th  Street  will  be 
received  by  the  Public  Service  Commission  for  the  First  District 
(hereinafter  called  the  "  Commission ")  at  the  office  of  the 
Commission  at  No.  49  Lafayette  Street,  Borough  of  Manhattan, 
New  York  City,  until  the  22d  day  of  October,  1918,  at  eleven 
thirty  (11.30)  o'clock  a.  m.,  at  which  time  and  place  or  at  a  later 
date  to  be  fixed  by  the  Commission,  the  proposals  will  be  publicly 
opened. 

The  said  addition  to  be  constructed  is  to  be  an  addition  to 
existing  shops,  extending  over  and  upon  private  property,  in  the 
Borough  of  Manhattan,  at  Lenox  Avenue  and  148th  Street,  and 
is  to  be  built  of  brick,  concrete  and  steel.  The  work  will  also 
include  the  care  and  support  and,  where  necessary,  the  readjust- 
ment of  surface,  subsurface  and  overhead  structures  and  equip- 
ment of  the  existing  shops  and  the  maintenance  of  train  opera- 
tion over  tracks  on  the  site  of  the  work. 

The  Contractor  must  complete  the  work  within  six  (6) 
months  from  the  delivery  of  the  contract. 

A  fuller  description  of  the  work  and  other  requirements,  pro- 
visions and  specifications  are  given  in  the  Information  for  Con- 
tractors and  in  the  forms  of  contract,  bond  and  Contractor's 
Proposal,  and  in  the  contract  drawings,  which  are  to  be  deemed 
a  part  of  this  Invitation  and  copies  of  which  may  be  inspected 
and  purchased  at  said  office  of  the  Commission. 

The  receipt  of  bids  will  be  subject  to  the  requirements  speci- 
fied in  said  Information  for  Contractors. 

New  York,  October  1,  1918. 

PUBLIC  SERVICE  COMMISSION  FOR  THE 
FIRST  DISTRICT, 

By  CHARLES  BULKLEY  HUBBELL,  Chairman 
JAMES  B.  WALKER,  Secretary 

I 


INFORMATION   FOR   CONTRACTORS 

ADDITION  TO  SHOPS  AT  LENOX  AVENUE  AND  148TH  STREET  YARD 

The  Public  Service  Commission  for  the  First  District  (here- 
inafter called  the  "Commission"),  acting  for  and  on  behalf  of: 
The  City  of  New  York  (hereinafter  called  the  "  City"),  invites 
proposals  to  construct  an  addition  to  the  existing  shops  at  Lenox 
Avenue  and  148th  Street. 

The  location  within  the  City  of  the  addition  to  the  Lenox 
Avenue  and  148th  Street  Shops  is  briefly  as  follows : 

On  private  property,  in  the  Borough  of  Manhattan,  bounded 
by  Lenox  Avenue,  Seventh  Avenue,  148th  Street  and  150th 
Street. 

The  general  plan  of  construction  calls  for  a  shop  built  of 
brick,  concrete  and  steel  construction. 

The  work  under  the  contract  will  include  the  care  and  sup- 
port and,  where  necessary,  the  readjustment  of  the  equipment 
of  the  present  shops  and  of  surface,  subsurface  and  overhead 
structures,  and  the  maintenance  of  train  operation  over  the  tracks 
on  the  site  of  the  work. 

Bidders  must  examine  the  form  of  contract,  the  specifications 
and  the  contract  drawings,  must  visit  the  location  of  the  work 
and  inform  themselves  of  the  conditions  along  the  line  of  the 
work  and  make  their  own  estimates  of  the  facilities  and  difficul- 
ties attending  the  execution  of  the  work. 

A  fuller  description  of  the  work  and  other  requirements,  pro- 
visions, details  and  specifications  are  given  in  the  form  of  con- 
tract and  in  the  contract  drawings  therein  referred  to.  Copies 
of  the  forms  of  contract,  bond  and  contractor's  proposal  and  of. 
the  contract  drawings  may  be  inspected  and  purchased  at  the 
office  of  the  Commission. 

The  forms  of  contract,  bond  and  contractor's  proposal  and 
the  contract  drawings  are  to  be  deemed  a  part  of  this  Information 
for  Contractors. 

Partial  payments  to  the  Contractor  will  be  made  as  the  work 
proceeds  as  provided  in  the  contract. 

The  Contractor  must  complete  the  work  within  six  (6) 
months  from  the  delivery  of  the  contract.  In  Article  LV  of  the 
form  of  contract  provision  is  made  for  extension  of  time  because 
of  possible  delays  due,  among  other  things,  to  acts  of  the  United 
States  government. 

II 


INFORMATION    FOR    CONTRACTORS 

At  the  time  of  the  delivery  of  the  contract  the  Contractor 
must  furnish  security  to  the  City  by  depositing  a  bond,  cash  or 
securities,  in  the  sum  of  ten  thousand  dollars  ($10,000).  As 
further  security  ten  per  centum  (10%)  of  the  amounts  certified 
from  time  to  time  to  be  due  to  the  Contractor  will  be  deducted 
and  retained. 

Sealed  bids  or  proposals  will  be  received  at  the  office  of  the 
Commission  at  No.  49  Lafayette  Street,  Borough  of  Manhat- 
tan, City  of  New  York,  until  the  22d  day  of  October, 
1918,  at  eleven  thirty  (11 :30)  o'clock  a.  m.,  at  which  time  and 
place,  or  at  a  later  date  to  be  fixed  by  the  Commission,  the 
proposals  will  be  publicly  opened. 

Proposals  must  be  in  the  form  prescribed  by  the  Com- 
mission. 

A  statement,  based  upon  the  estimate  of  the  Chief  Engineer 
of  the  Commission,  of  the  quantities  of  the  various  classes  of  the 
work  and  of  the  nature  and  extent  as  near  as  practicable  of  the 
work  is  to  be  found  in  the  schedule  in  the  form  of  contractor's 
proposal.  The  quantities  given  in  such  schedule  are  approximate 
only,  being  given  as  a  basis  for  the  uniform  comparison  of  bids, 
and  no  claim  is  to  be  made  against  the  City  on  account  of  any 
excess  or  deficiency,  absolute  or  relative,  in  the  same,  except  as 
provided  in  the  specifications  and  form  of  contract. 

Every  proposal  must  when  submitted  be  enclosed  in  a  sealed 
envelope  endorsed  "  Proposal  for  Constructing  an  Addition  to 
the  Shops  at  Lenox  Avenue  and'  l4Sth  Street  Yard,"  and  must 
be  delivered  to  the  Commission  or  its  Secretary;  and  in  the 
presence  of  the  person  submitting  the  proposal,  it  will  be  depos- 
ited in  a  sealed  box  in  which  all  proposals  will  be  deposited.  No 
proposal  will  be  received  unless  accompanied  by  a  separate  certi- 
fied check  for  five  thousand  dollars  ($5,000),  payable  to  the 
order  of  the  Comptroller  of  the  City  and  drawn  upon  a  national 
or  state  bank  or  trust  company  satisfactory  to  the  Commission 
and  having  its  principal  office  in  New  York  City.  Such  check 
must  not  be  enclosed  in  the  envelope  containing  the  proposal. 

The  Unit  Prices  must  not  be  improperly  balanced,  and  any 
bid  which  the  Commission  considers  detrimental  to  the  City'j 
interests  may  be  rejected. 

Ill 


INFORMATION    FOR    CONTRACTORS 

No  proposal,  after  it  shall  have  been  deposited  with  the  Com- 
mission, will  be  allowed  to  be  withdrawn  for  any  reason  what- 
ever. 

The  award  of  the  contract  will  be  made  by  the  Commission  as 
soon  as  practicable  after  the  opening  of  the  proposals. 

Deposits  made  by  bidders  whose  proposals  are  not  accepted 
will  be  returned  within  three  (3)  days  after  the  contract  is  exe- 
cuted and  delivered  and  its  provisions  in  respect  of  the  bond  or 
deposit  are  complied  with,  unless  all  proposals  shall  be  rejected, 
in  which  event  such  deposits  will  be  returned  within  three  (3) 
days  after  such  rejection.  The  deposit  of  the  successful  bidder 
will  be  returned  when  the  contract  is  executed  and  delivered  and 
its  provisions  in  respect  of  the  bond  or  deposit  are  complied  with. 

The  right  to  reject  any  and  all  bids  is  reserved. 

New  York,  October  1,  1918. 

PUBLIC  SERVICE  COMMISSION  FOR  THE 
FIRST  DISTRICT 

By  CHARLES  BULKLEY  HUBBELL,  Chairman 
JAMES  B.  WALKER,  Secretary 


IV 


Public   Service   Commission 


For  the  First  District 


CONTRACT 

FOR     THE     CONSTRUCTION     OF    ADDITION     TO 

SHOPS   AT  THE    LENOX   AVENUE   AND 

148TH     STREET    YARD 

(UNDER     CONTRACT     No.    3) 


APPROVED  AS  TO  FORM  THIS          DAY  OF 


,  1918 


ACTING  CORPORATION  COUNSEL 


RAPID  TRANSIT  RAILROAD 


CONTRACT 

ADDITION  TO  SHOPS  AT  LENOX  AVENUE  AND  148TH  STREET  YARD 
(UNDER  CONTRACT  No.  3) 

Agreement  made  this  day  of  ,  1918,  between 

THE  CITY  OF  NEW  YORK,  hereinafter  called  the  City,  acting 
by  the  PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT, 
hereinafter  called  the  Commission,  party  of  the  first  part,  and 


hereinafter  called  the  Contractor,  part*  of  the  second 

part. 

WHEREAS,  the  Commission  in  behalf  of  the  City,  by  due 
advertisement,  pursuant  to  law,  has  invited  contractors  to  submit 
to  the  Commission  proposals  for  making  this  contract ;  and 

WHEREAS,  the  Contractor  has  thereupon  duly  submitted  to 
the  Commission  a  proposal,  which  has  been  accepted ;  and 

WHEREAS,  the  Board  of  Estimate  and  Apportionment  of  the 
City  has  consented  to  this  contract ; 

Now,  THEREFORE,  in  consideration  of  the  mutual  covenants 
and  agreements  hereinafter  contained,  and  under  the  authority 
of  chapter  4  of  the  laws  of  1891,  entitled,  "An  Act  to  provide 
for  Rapid  Transit  Railways  in  Cities  of  over  One  Million  In- 
habitants," and  of  the  various  acts  amending  the  same,  the  parties 

*  Here  insert  y  or  ies,  as  the  case  may  be. 

1 


do  hereby,  the  City  for  itself  and  its  successors,  and  the  Con 
tractor  for* 


and  assign; 
Agree  each  with  the  other  as  follows : 


*  Here  insert,  if  a  corporation,  itself,  its  successors;  if  a  single 
individual,  himself,  his  executors,  administrators;  if  several  individuals, 
themselves  jointly  and  severally  and  their  and  each  of  their  executors, 
administrators. 


CHAPTER  I 
GENERAL  PROVISIONS  AND  DEFINITIONS 

ARTICLE  1.  The  Contractor  agrees  to  construct  the  herein- 
after described  addition  to  shops  for  a  Rapid  Transit  Railroad, 
with  its  appurtenances.  The  City  agree  to  pay  to  the  Contractor 
the  sums  of  money  hereinafter  mentioned  at  the  times  and  in  the 
manner  and  upon  the  terms  and  conditions  hereinafter  set  forth. 

ARTICLE  II.  The  addition  to  be  constructed  under  this  con- 
tract is  for  the  use  of  certain  railroads  described  in  the  contract 
dated  March  19,  1913,  between  the  City  and  the  Interborough 
Rapid  Transit  Company  and  known  as  Contract  No.  3. 

The  location  of  the  addition  to  shops  is  on  private  property, 
in  the  Borough  of  Manhattan,  bounded  by  Lenox  Avenue, 
Seventh  Avenue,  148th  Street  and  150th  Street. 

The  location,  dimensions  and  other  characteristics  of  the  ad- 
dition to  shops  are  given  in  the  specifications  forming  a  part  of 
this  contract  and  in  the  contract  drawings  hereinafter  mentioned. 

ARTICLE  III.  This  contract  is  made  pursuant  to  the  Rapid 
Transit  Act,  which  is  to  be  deemed  a  part  hereof  as  if  it  were 
incorporated  herein. 

ARTICLE  IV.  Titles,  headings,  subheadings  and  running  head- 
lines are  printed  hereon  merely  for  convenience  and  shall  not  be 
deemed  to  be  any  part  of  this  contract  for  any  purpose  whatever. 

ARTICLE  V.  The  following  words  and  expressions  used  in 
this  contract  shall,  except  where  by  the  context  it  is  clear  that 
another  meaning  is  intended,  be  construed  as  follows : 

(1)  The  word  "  City  "  to  mean  The  City  of  New  York,  and 
any  other  corporation  or  division  of  government  to  which  the 
ownership,  rights,  powers  and  privileges  of  The  City  of  New 
York  under  the  Rapid  Transit  Act,  shall  hereafter  come,  belong 
or  appertain. 

(2)  The  word  "  Commission  "  to  mean  the  Public  Service 
Commission  for  the  First  District,  and  any  other  board,  body, 
commission,  official  or  officials,  to  which  or  to  whom  the  powers 
now  belonging  to  the  said  Commission  in  respect  of  the  location, 


GENERAL    PROVISIONS    AND   DEFINITIONS 

construction,  equipment,  maintenance  and  operation  of  Rapid 
Transit  Railroads  under  the  provisions  of  the  Rapid  Transit  Act 
shall,  by  virtue  of  any  act  or  acts,  hereafter  pass  or  be  held  to 
appertain. 

(3)  The  words  "  Interborough  Company"  to  mean  Inter- 
borough  Rapid  Transit  Company,  and  its  successors  and  assigns. 

(4)  The  word  "  Contractor  "  to  mean  the  part*  of  the 
second  part  of  this  contract,  andf 

and  assigns  and  any 

and  every  person  or  corporation  who  or  which  shall  at  any 
time  be  liable  in  the  place  or  for  the  part  of  the  second 

part  to  perform  any  obligations  under  this  contract  assumed  by 
the  said  part  of  the  second  part.  For  convenience  the  Con- 
tractor is  hereinafter  referred  to  as  if  the  Contractor  were  an 
individual.  The  word  "  he  "  shall,  as  the  sense  may  require,  in- 
clude "  she,"  "  it  "  and  "  they  "  ;  the  word  "  him  "  shall  include 
"  her,"  "  it  "  and  "  them  "  ;  the  word  "  his  "  shall  include  "  her," 
"  its  "  and  "  their." 

(5)  The  word  "Comptroller"  to  mean  the  Comptroller  of 
the  City  and  the  officer  or  board  to  whom  or  to  which  his  powers 
now  existing  under  the  Rapid  Transit  Act  shall  come  to  appertain. 

(6)  The  word  "  Engineer  "  to  mean  the  Chief  Engineer  of 
the  Commission  or  his  duly  authorized  representative  and  any 
successor  or  successors  duly  appointed  or  any  deputy  or  substi- 
tute for  him  who  shall  be  appointed  by  the  Commission  or  by  its 
authority. 

(7)  The  word  "  Inspector  "  to  mean  any  representative  of 
the  Engineer  designated  by  him  to  act  as  inspector. 

(8)  The  words  "  Rapid  Transit  Act "  to  mean  chapter  4  of 
the  laws  of  1891  as  amended  by  chapters  102  and  556  of  the  laws 
of  1892,  chapters  528  and  752  of  the  laws  of  1894,  chapter  519  of 
the  laws  of  1895,  chapter  729  of  the  laws  of  1896,  chapter  616 
of  the  laws  of  1900,  chapter  587  of  the  laws  of  1901,  chapters 

*  Here  and  in  like  blanks  hereafter  insert  y  or  ies,  as  the  case  may  be. 
f  Here  insert,  as  the  case  may  be,  either  its  successors,  or  hif  executors, 
administrators,  or  their  executors,  administrators. 


GENERAL   PROVISIONS   AND  DEFINITIONS 

533,  542,  544  and  584  of  the  laws  of  1902,  chapters  562  and  564 
of  the  laws  of  1904,  chapters  599  and  631  of  the  laws  of  1905, 
chapters  472,  606  and  607  of  the  laws  of  1906,  chapters  429  and 
534  of  the  laws  of  1907,  chapter  472  of  the  laws  of  1908,  chapter 
498  of  the  laws  of  1909,  chapters  205,  504,  505  and  506  of  the 
laws  of  1910,  chapter  888  of  the  laws  of  1911,  chapter  226  of  the 
laws  of  1912,  chapters  100,  510,  524  and  540  of  the  laws  of  1913, 
chapter  118  of  the  laws  of  1914  and  chapters  534,  543,  544,  545, 
590  and  604  of  the  laws  of  1915,  and  chapter  625  of  the  laws  of 
1917,  or  as  heretofore  otherwise  amended. 

(9)  The  word  "  Shop  "  to  mean  the  addition  to  the  existing 
shops  of  the  Manhattan-Bronx  Rapid  Transit  Railroad,  which 
the  Contractor  agrees  by  this  contract  to  build  or  reconstruct, 
together  with  all  appurtenances  thereto  which  are  to  be  con- 
structed or  provided  by  the  Contractor. 

(10)  The  word  "  Works  "  to  mean  all  the  matters  and  things 
herein  agreed  to  be  furnished  or  done  by  or  on  the  part  of  the 
Contractor. 

(11)  The  words  "New  York"  to  mean  the  City  of  New 
York  according  to  its  boundaries  at  the  date  of  this  contract. 

(12)  The   words   "daily   newspaper"   to   mean  any  paper 
regularly  published  in   New  York  on  every  day  or  every  day 
except  Sundays  and  holidays. 

(13)  The  word  "  notice  "  to  mean  a  written  notice. 

(14)  The     words     "directed,"    "required,"     "permitted," 
"  ordered,"  "  designated,"  "  prescribed  "  or  words  of  like  import 
used  in  the  specifications  or  upon  the  drawings  to  mean,  respec- 
tively, the  direction,  requirement,  permission,  order,  designation  or 
prescription  of  the  Engineer,  and  similarly  the  words  "approved," 
"  acceptable,"  "  satisfactory  "  or  words  of  like  import  to  mean, 
respectively,  approved  by,  or  acceptable  or  satisfactory  to,  the 
Engineer. 

(15)  The  word  "  ton  "  to  mean  the  short  ton  of  two  thou- 
sand (2,000)  pounds. 


GENERAL   PROVISIONS  AND  DEFINITIONS 

ARTICLE  VI.     The  Contractor  hereby  designates  Room  No. 
on  the  floor  of  the  building  No. 

in  the  Borough  of 

in  the  City  of  New  York  as  the  place  where  all  notices,  direc- 
tions and  other  communications  to  the  Contractor  may  be  served, 
mailed  or  delivered.  The  delivering  at  the  aforesaid  place  or 
depositing  in  a  post-paid  wrapper  directed  to  the  aforesaid  place, 
in  any  post-office  box  regularly  maintained  by  the  Post-office  De- 
partment, of  any  notice,  direction  or  other  communication  to  the 
Contractor,  shall  be  deemed  to  be  sufficient  service  thereof  upon 
the  Contractor  as  of  the  date  of  such  delivery  or  deposit.  Such 
address  may  be  changed  at  any  time  by  an  instrument  in  writing 
executed  and  acknowledged  by  the  Contractor  and  delivered  to 
the  Commission.  Nothing  herein  contained  shall  be  deemed  to 
preclude  or  render  inoperative  the  service  of  any  notice,  direction 
or  other  communication  upon  the  Contractor  personally,  or,  if  the 
Contractor  be  a  corporation,  upon  any  officer  or  director  thereof. 

ARTICLE  VII.  If  the  Contractor  shall  cause  any  part  of  this 
contract  to  be  performed  by  a  subcontractor,  the  provisions  of 
this  contract  shall  apply  to  such  subcontractor  and  his  officers, 
agents  and  employees  in  all  respects  as  if  he  and  they  were  em- 
ployees of  the  Contractor ;  and  the  Contractor  shall  not  be  in  any 
manner  thereby  discharged  from  his  obligations  and  liabilities 
hereunder,  but  shall  be  liable  hereunder  for  all  acts  and  negligence 
of  the  subcontractor,  his  officers,  agents  and  employees  as  if  they 
were  employees  of  the  Contractor.  The  employees  of  the  sub- 
contractor shall  be  subject  to  the  same  provisions  hereof  as  em- 
ployees of  the  Contractor ;  and  the  work  and  materials  furnished 
by  the  subcontractor  shall  be  subject  to  the  provisions  hereof,  as 
if  furnished  directly  by  the  Contractor. 

ARTICLE  VIII.  The  Contractor,  before  making  any  subcon- 
tract of  the  work,  shall  state  in  writing  to  the  Commission  the 
name  of  the  proposed  subcontractor,  the  portion  of  the  work 
which  such  subcontractor  is  to  do  or  the  materials  which  such 
subcontractor  is  to  furnish,  the  place  of  business  of  such  sub- 
contractor and  such  other  information  as  the  Commission  may 
require.  The  Commission  shall  have  the  right  to  require  the 
Contractor  not  to  award  any  subcontract  to  a  person,  firm  or 
corporation  disapproved  by  the  Commission. 


CHAPTER  II 
WORK  TO  BE  DONE,  PRICES,  ETC. 

ARTICLE  IX.  The  Contractor  shall  furnish  all  the  labor  and 
materials,  plant,  power,  tools,  supplies  and  other  means  of  con- 
struction necessary  or  proper  for  constructing  and  completing 
the  Shop  and  performing  all  the  work  which  the  Contractor 
agrees  by  this  contract  to  perform  in  the  manner  and  within  the 
time  hereinafter  specified.  He  shall  complete  the  Shop  and  do 
all  work  and  furnish  all  labor  and  materials  in  and  about  the 
construction  of  the  Shop  to  the  satisfaction  of  the  Commission 
and  in  accordance  with  this  contract  and  the  specifications  and 
drawings  herein  mentioned  at  the  prices  herein  agreed  upon  and 
fixed  therefor;  provided,  however,  that  said  drawings  may  from 
time  to  time  be  altered  or  modified  as  hereinafter  provided. 

ARTICLE  X.  In  order  to  construct  the  Shop  it  will  be  neces- 
sary to  take  up  ties  and  rails  and  relay  rails,  shift  the  location 
of  tracks,  protect,  support  and  maintain  existing  shops,  including 
their  equipment,  and  other  surface,  subsurface  and  overhead 
structures  with  their  appurtenances  and  connections  as  the  same 
may  be  encountered;  to  build  sewers;  to  make  or  remake  the 
necessary  manholes,  catch  basins  and  other  sewer  connections 
therewith;  to  move,  alter,  readjust  or  rebuild  surface,  subsur- 
face and  overhead  structures  with  their  appurtenances  and  con- 
nections; and  to  do  all  such  additional  and  incidental  work  as 
may  be  necessary  for  the  completion  of  the  Shop  and  the  recon- 
struction and  restoration  of  all  surface,  subsurface  and  overhead 
structures  and  of  all  abutting  property  and  buildings  which  may 
have  been  directly  or  indirectly  affected,  disturbed  or  injured 
by  the  Contractor  in  the  progress  of  the  work  of  construction 
to  as  useful,  safe,  durable  and  good  a  condition  as  existed  before 
construction  was  begun.  All  such  work  of  every  description,  in- 
cluding the  maintaining,  protecting  and  securing  wherever  neces- 
sary of  all  buildings  and  structures  of  whatsoever  nature,  and 
railroads  affected  by  or  interfered  with  during  the  construction  of 
the  Shop,  is  part  of  the  work  which  is  included  in  this  contract 
and  which  the  Contractor  agrees  to  perform  for  the  prices  here- 
in agreed  upon. 


WORK   TO  BE  DONE,   PRICES,   ETC. 

ARTICLE  XL  The  City  will  pay  and  the  Contractor  shall  re- 
ceive, in  full  compensation  for  constructing  and  completing  the 
Shop  (including  all  incidental  work),  and  for  the  performing  and 
completing  the  Works  and  for  all  expense  in  connection  there- 
with or  incidental  thereto,  including  the  furnishing  of  all  labor, 
materials,  plant,  power,  tools,  supplies  and  other  means  of  con- 
struction and  including  administration,  superintendence  and  in- 
surance, and  for  all  loss  or  damage  arising  out  of  the  nature  of 
the  work  aforesaid  or  from  the  action  of  the  elements  or  from 
any  unforeseen  obstruction  or  difficulty  encountered  in  the  prose- 
cution of  the  work,  and  for  all  risks  of  any  description  connected 
with  the  work,  and  for  all  additional  expense,  loss,  risk  and 
damage  of  any  kind  due  to  the  operation  of  the  existing  shops 
or  tracks  in  the  Lenox  Avenue  and  148th  Street  yard  during  the 
performance  of  the  Works,  and  for  all  expenses  incurred  by  or 
in  consequence  of  the  suspension  or  discontinuance  of  the  work 
as  herein  specified,  the  prices  contained  in  the  Schedule  of  Unit 
Prices  following. 


SCHEDULE  OF  UNIT  PRICES 

Item  1.  For  earth  excavation  above  mean  high  water  (except 
excavation  for  sewers,  pipes,  conduit  and  ducts),  including  the 
disposal  of  it,  etc.,  the  sum  of 

dollars  ($  )  per  cubic  yard. 

Item  1-N.  For  removing  buildings,  and  clearing  the  site  of 
the  Shop,  the  lump  sum  of 

dollars  ($  ). 

Item  2.  For  earth  excavation  below  mean  high  water  (except 
excavation  for  sewers,  pipes,  conduits  and  ducts),  including  the 
disposal  of  it,  etc.,  the  sum  of 

dollars  ($  )  per  cubic  yard. 

Item  2-A.  For  earth  excavation,  both  above  and  below  mean 
high  water,  for  sewers,  pipes,  conduits  and  ducts,  including  the 
disposal  of  it,  etc.,  the  sum  of 

dollars   ($  )  per  cubic  yard. 

Item  6.     For  concrete  masonry,  in  place,  as  follows : 

(c)   For  1:2*^:5  concrete,  the  sum  of 

dollars  ($  )  per  cubic  yard. 

Item  9.     For  brick  masonry,  in  place,  the  sum  of 

dollars  ($  )  per  cubic  yard. 

Item  9-D.     For  the  removal  of  old  masonry  of   whatever 

character,  including  the  disposal  of  it,  as  specified  in  Section 
No.  269,  the  sum  of 

dollars  ($  )  per  cubic  yard. 

Item  12.     For  timber  piles,  in  place  and  prepared,  the  sum  of 
dollars  ($  )  per  lineal  foot. 

Item  13.  For  timber  foundations,  placed  and  fastened,  the 
sum  of  dollars  ($  )  per 

thousand  feet,  board  measure. 

Item  13-F.  For  furnishing  and  placing  yellow  pine  sleepers 
for  pit  rails,  including  the  laying  of  rails,  etc.,  as  required  by 
Section  No.  86-A,  the  sum  of 

dollars  ($  ) 

per  lineal  foot  of  rail. 

9 


SCHEDULE    OF    UNIT    PRICES 

Item  15-C.     For    waterproofing,    coating    of    pitch    without 
fabric,  the  sum  of 

dollars  ($  )  per  square  yard. 

Item  15-G.     For  waterproofing,  treated  felt,  laid  with  coal- 
tar  pitch  or  asphalt,  in  place,  as  follows : 

(e)     For  five-ply,  the  sum  of 

dollars  ($  )  per  square  yard. 

Item  19.     For  riveted  steel,  painted  and  erected,  the  sum  of 

dollars  ($  )  per  ton. 

Item  19-B.     For  re-erecting  old  steel,  as  specified  in  Section 
No.  269,  the  sum  of 

dollars  ($  )  per  ton. 

Item  19-C.    For  removing  old  steel,  including  the  disposal  of 
it,  as  specified  in  Section  No.  269,  the  sum  of 

dollars  ($  )  per  ton. 

Item  19-R.     For  cutting  and  reframing  the  ends  of  existing 
trusses,  as  specified  in  Section  No.  269,  the  sum  of 

dollars  ($  ) 

per  end  of  truss  reframed. 

Item  20.     For  steel  beams  and  shapes,  with  or  without  con- 
nections, or  other  end  details,  painted  and  erected,  the  sum  of 

dollars  ($  )  per  ton. 

Item  25.     For  miscellaneous  iron  castings,  such  as  manhole 
heads  and  covers,  gratings,  etc.,  in  place,  the  sum  of 

dollars  ($  )  per  ton. 

Item   27-D.      For   wrought-iron   pipe   railing,    in   place,   the 
sum  of 

dollars  ($  )  per  lineal  foot  of  railing. 

Item  42.     For  cast-iron  sewer  pipe   (straight  pipe),  in  place 
in  the  work,  the  sum  of 

dollars  ($  )  per  ton. 

10 


SCHEDULE    OF    UNIT    PRICES 

Item  43.    For  cast-iron  sewer  pipe  (special  castings),  in  place 
in  the  work,  the  sum  of 

dollars  ($  )  per  ton. 

Item  76-EE.     For  removing  and  storing  existing  rails  and  ties 
and  shifting  existing  tracks,  as  follows : 

(a)     For  removing  the  existing  tracks  and  storing  the 
rails  and  ties,  the  sum  of 

dollars  ($  )  per  lineal  foot  of  track. 

(&)     For  shifting  existing  tracks,  the  sum  of 

dollars  ($  ) 

per  lineal  foot  of  track. 

Item   762-E.     For   concrete  and   cinder  work,   in   place,   as 
follows : 

(a)  For  6-inch  concrete  floor,  the  sum  of 

dollars  ($  ) 

per  square  foot. 

(b)  For  1-inch  cement  floor  finish,  the  sum  of 

dollars  ($  ) 

per  square  foot. 

(c)  For  cement  coping,  the  sum  of 

dollars  ($  ) 

per  lineal  foot. 

(d)  For  4-inch   reinforced  cinder  concrete   roof   slab, 
the  sum  of  dollars  ($  ) 
per  square  foot. 

(e)  For  cinder  concrete  curbs  for  skylights,  the  sum  of 

dollars  ($  ) 

per  cubic  foot. 

(/)     For  cinder  floor  in  blacksmith  shop,  the  sum  of 

dollars  ($  ) 

per  square  yard. 

(g)     For  1 :3  :6  cinder  concrete  for  inspection  pits,  the 
sum  of  dollars  ($  ) 

per  cubic  foot. 

11 


SCHEDULE    OF    UNIT    PRICES 

Item    763-C.     For   copper   flashing,   complete    in   place,    the 
sum  of  dollars  ($  ) 

per  square  foot. 

Item  765-D.    For  galvanized  iron  gutters,  in  place,  the  sum  of 

dollars  ($  ) 

per  lineal  foot. 

Item  768.     For  metal  leaders,  in  place,  as  follows  : 

(a)     For   3-inch   galvanized   iron   leaders,   the   sum   of 

dollars  ($  ) 

per  lineal  foot. 

(g)     For  5-inch  wrought-iron  leaders,  the  sum  of 

dollars  ($  ) 

per  lineal  foot. 

(h)     For  6-inch  wrought-iron  leaders,  the  sum  of 

dollars  ($  ) 

per  lineal  foot. 

Item  795.     For  electric  conduit,  in  place,  as  follows  : 


(a)  For  three-fourths  (^4)  inch,  the  sum  of 

dollars  ($  )  per  lineal  foot. 

(b)  For  one  (1)  inch,  the  sum  of 

dollars  ($  )  per  lineal  foot. 

(d)     For  two  (2)  inch,  the  sum  of 

dollars  ($  )  per  lineal  foot. 

(/)     For  three  (3)  inch,  the  sum  of 

dollars  ($  )  per  lineal  foot. 

Item  796.     For  cast-iron  outlet  boxes,  in  place,  the  sum  of 

dollars  ($  )  each. 

12 


SCHEDULE    OF   UNIT    PRICES 

Item  797.     For  cast-iron  pull  boxes,  in  place,  as  follows : 

(a)     For  6-inch  by  6-inch  by  6-inch  boxes,  the  sum  of 

dollars  ($  )  each. 

(/)     For  36-inch  by  18-inch  by  6-inch  boxes,  the  sum  of 

dollars  ($  )  each. 


Item  799.     For  steel  panelboard  boxes,  in  place,  as  follows : 

(i)     For  29-inch  by  6-inch  by  45-inch  boxes,  the  sum  of 

dollars  ($  )  each. 


Item  820-A.     For  steel  sash  windows,  as  follows : 

(a)  For  new  fixed  steel  sash  windows,  in  place,  includ- 
ing glazing,  painting,  etc.,  the  sum  of 

dollars  ($  )  per  square  foot. 

(b)  For  new  steel  sash  ventilating  monitor  windows, 
in    place,    including    approved    operating    devices,    glazing, 
painting,  etc.,  the  sum  of 

dollars  ($  )  per  square  foot. 

(c)  For  removing  steel  sash  windows  from  south  wall 
of  existing  shops  and  re-erecting  them  in  south  wall  of  Shop, 
the  lump  sum  of 

dollars  ($  ). 


Item  820-B.  For  galvanized  iron  skylights,  in  place,  includ- 
ing approved  operating  devices,  glazing,  painting,  etc.,  as  fol- 
lows: 

(a)     For  Type  "A,"  the  sum  of 

dollars  ($  )  per  skylight. 

(&)     For  Type  "B,"  the  sum  of 

dollars  ($  )  per  skylight. 

(c)     For  Type  "C,"  the  sum  of 

dollars  ($  )  per  skylight. 

13 


SCHEDULE    OF   UNIT    PRICES 

Item  850-AA.     For  removing,  resetting  and  installing  doors, 
windows,  stairs,  rails,  etc.,  as  follows : 

(a)  For  removing  steel  rolling  lift  doors  from  east  wall 
of  existing  shops  and  re-erecting  them  in  east  wall  of  Shop, 
including  painting,  etc.,  the  lump  sum  of 

dollars  ($  ). 

(b)  For  removing  existing  iron  stairs  and  landings  and 
re-erecting  them  in  another  location,  including  painting  (but 
not  including  new  steelwork),  etc.,  as  required  by  Section 
No.  269,  the  lump  sum  of 

dollars  ($  ). 

(c)  For  removing  existing  window  at  location  of  new 
bridge  landing,  and  furnishing  and  installing  new  door,  in- 
cluding all  work  due  to  connecting  new  bridge  landing  to 
existing   wall,   painting  and   all   other   incidental   work,   as 
required  by  Section  No.  269,  the  lump  sum  of 

dollars  ($  ). 

(d)  For    furnishing   and   installing   70-pound   rail   for 
crane  runway,  complete  in  place,  the  sum  of 

dollars  ($  ) 

per  lineal  foot  of  rail. 


14 


QUANTITIES 

ARTICLE  XII.  In  case  any  work  or  materials  shall  be  re- 
quired to  be  done  or  furnished  in  or  about  the  Works  which 
it  is  elsewhere  in  this  contract  expressly  provided  shall  be  paid 
for  under  this  Article,  or  in  case  any  work  or  materials  shall 
be  required  to  be  done  or  furnished  in  or  about  or  for  the  more 
perfect  performance  of  the  Works  herein  contemplated  which 
are  not  mentioned,  specified  or  indicated  or  otherwise  provided 
for  in  this  contract  or  in  the  specifications  forming  a  part  of  this 
contract  or  in  or  upon  the  contract  drawings  and  which,  in  the 
opinion  of  the  Engineer,  are  not  susceptible  of  classification  under 
the  Items  of  the  Schedule  of  Unit  Prices,  the  Contractor  shall  if 
ordered  by  the  Engineer  do  and  perform  such  work  and  furnish 
such  materials  at  and  for  the  actual  and  necessary  net  cost  in 
money  to  the  Contractor  for  labor,  for  insurance  upon  such  labor 
under  the  Workmen's  Compensation  Law  and  for  materials  in- 
corporated in  the  work  and  in  addition  thereto  ten  per  centum 
(10%)  of  such  net  cost,  and  the  Contractor  shall  have  no  claim 
in  excess  of  the  above,  such  payment  being  in  full  compensation 
for  the  performance  of  such  work  and  the  furnishing  of  such 
materials  and  for  all  expense  in  connection  therewith  or  inci- 
dental thereto,  as  aforesaid,  including  the  expense  of  plant,  power> 
tools,  supplies  and  other  means  of  construction!,  administration, 
superintendence  and  insurance,  and  for  all  the  loss,  damage, 
risks  and  expenses  mentioned  in  Article  XL  The  amount  of  the 
insurance  upon  such  labor  under  the  Workmen's  Compensation 
Law  shall  be  determined  by  the  amount  of  the  wages  actually 
and  necessarily  paid  for  such  labor  and  the  rate  of  insurance  for 
such  labor  either  in  the  State  Insurance  Fund  or  in  any  stock 
corporation  or  mutual  association  authorized  to  transact  the 
business  of  workmen's  compensation  insurance  in  this  State,  as 
the  case  may  be.  Payment  shall  not  be  made  under  this  Article 
for  any  such  work  or  materials  which  are  so  required  to  be  done 
or  furnished  in  or  about  or  for  the  more  perfect  performance 
of  the  Works  herein  contemplated  and  which  are  not  mentioned, 
specified  or  indicated  or  otherwise  provided  for  in  this  contract 
or  in  the  specifications  forming  a  part  of  this  contract  or  in  or 
upon  the  contract  drawings  so  far  as  such  work  or  materials 
may  be,  in  the  opinion  of  the  Engineer,  susceptible  of  classifica- 
tion under  the  Items  of  the  Schedule  of  Unit  Prices,  which  work 


15 


QUANTITIES 

or  materials  shall  be  paid  for  in  part  or  in  whole,  as  the  case 
may  be,  at  the  Unit  Prices  given  in  the  Items  of  the  Schedule. 
It  is  the  meaning  and  intention  of  this  paragraph  that  where 
the  Contractor  enters  into  a  subcontract  involving  the  per- 
formance of  any  labor  or  the  furnishing  of  any  material  to  be 
paid  for  under  this  paragraph  the  Contractor  shall  not  be  en- 
titled to  any  greater  payment  under  the  provisions  of  this  para- 
graph than  if  he  had  himself  furnished  such  labor  or  material. 

In  case  any  work  or  materials  shall  be  required  to  be  done  or 
furnished  under  the  provisions  of  this  Article,  for  cost  plus  ten 
per  centum  (10%),  the  Contractor  shall  at  the  end  of  each  day 
furnish  to  the  Engineer  daily  time  slips  showing  the  name  and 
number  of  each  workman  employed  on  such  work,  the  number 
of  hours  employed  thereon,  the  character  of  work  he  is  doing 
and  the  wages  paid  or  to  be  paid  to  him  and  also  a  daily  memo- 
randum of  such  materials  furnished,  showing  the  amount  and 
character  of  such  materials,  from  whom  purchased  and  the 
amount  paid  or  to  be  paid  therefor.  If  required  by  the  Engineer 
or  the  Commission,  the  Contractor  shall  produce  any  books, 
vouchers,  records  and  memoranda  showing  the  labor  and  mate- 
-  rials  actually  paid  for  and  the  actual  prices  therefor.  Such  daily 
time  slips  and  memoranda  shall  not,  however,  be  binding  upon 
the  City,  and  if  any  question  or  dispute  shall  arise  as  to  the  cor- 
rect cost  of  such  labor  or  materials,  the  determination  of  the 
Engineer  upon  such  question  or  dispute  shall  be  final  and  con- 
clusive. 

Instead  of  the  method  above  described  in  this  Article  for 
paying  for  any  such  work  or  materials  to  be  paid  for  under  this 
Article,  the  Engineer  may,  but  only  with  the  approval  of  the 
Commission,  agree  with  the  Contractor  upon  reasonable  unit 
prices  or  a  reasonable  lump  sum  price  for  such  work  or  materials. 
Such  additional  unit  prices  or  such  lump  sum  price  shall  be 
embodied  in  a  supplemental  schedule.  The  total  amount  to  be 
paid  for  any  work  and  materials  under  such  unit  prices  or  lump 
sum  prices  as  provided  in  this  paragraph  shall  not,  except  with 
the  further  consent  or  approval  of  the  Board  of  Estimate  and 
Apportionment,  exceed  two  per  centum  (2%)  of  the  total  esti- 
mated contract  cost  on  which  the  contract  award  was  made,  but 
the  total  amount  to  be  expended  under  this  contract  for  all  pur- 
poses, including  those  contemplated  by  this  Article,  shall  not 

16 


PLANS    MAY   BE   CHANGED 

exceed  the  amount  set  aside,  authorized  and  appropriated  by  the 
Board  of  Estimate  and  Apportionment  for  the  execution  thereof. 
In  the  case  of  any  single  order  of  work  or  materials,  or  both,  for 
a  particular  job  or  purpose  where  the  lump  sum  price  for  such 
order  to  be  agreed  upon  under  the  provisions  of  this  paragraph 
or  the  estimated  cost  of  such  order  according  to  the  unit  prices 
therefor  to  be  agreed  upon  under  the  provisions  of  this  paragraph 
shall  exceed  two  thousand  dollars  ($2,000),  such  agreement  shall 
not  be  binding  upon  the  City  until  the  Board  of  Estimate  and 
Apportionment  shall  approve  or  consent  to  such  agreement  or 
such  lump  sum  price  or  such  unit  prices. 

ARTICLE  XIII.  The  quantities  of  the  various  classes  of  work 
to  be  done  and  materials  to  be  furnished  under  this  contract, 
specified  in  the  Contractor's  Proposal,  are  approximate  and  only 
for  the  purpose  of  comparing  on  a  uniform  basis  the  bids  offered 
for  the  Works;  and  neither  the  City  nor  the  Commission  nor 
any  member  of  the  Commission  is  to  be  held  responsible  that 
any  of  the  said  estimated  quantities  shall  be  found  even  approxi- 
mately correct  in  the  construction  of  the  Works;  and  the  Con- 
tractor shall  make  no  claim  for  damages  or  for  anticipated  profit 
or  for  loss  of  profit  because  of  a  difference  between  the  quantities 
of  the  various  classes  of  work  actually  done  or  materials  actually 
delivered  and  the  estimated  quantities  or  items  stated  in  the  Con- 
tractor's Proposal  or  because  of  the  entire  omission  of  any  of  the 
quantities  or  items  stated  in  the  Contractor's  Proposal. 

ARTICLE  XIV.  The  Commission  shall  have  the  right,  during 
the  progress  of  the  work,  to  amplify  the  drawings,  to  add  explan- 
atory specifications  and  to  furnish  additional  specifications  and 
drawings. 

ARTICLE  XV.  The  Commission  further  reserves  the  right  to 
alter,  in  any  way  it  may  deem  necessary  for  the  public  interests, 
the  drawings  aforesaid,  in  part  or  altogether,  at  any  time  during 
the  progress  of  the  work,  without  constituting  grounds  for  any 
claim  by  the  Contractor  for  payment  or  allowance  for  damages 
or  extra  service  other  than  is  provided  for  items  of  the  different 
classes  of  construction  under  the  Items  of  the  Schedule  or  in 
Article  XII. 


17 


INSPECTION 

ARTICLE  XVI.  The  Contractor  shall  complete  the  entire 
work  to  the  satisfaction  of  the  Commission  and  in  accordance 
with  the  specifications  and  contract  drawings  and  according  to 
the  other  provisions  of  this  contract  and  within  the  time  specified 
in  this  contract,  in  the  most  workmanlike  manner  and  with  the 
highest  regard  to  the  safety  of  life  and  property  and  according 
to  the  lines,  levels  and  directions  given  by  the  Engineer. 

ARTICLE  XVII.  The  Contractor  shall  furnish  of  the  best 
description  all  labor  and  materials,  plant,  tools,  supplies  and 
other  means  of  construction  necessary  to  construct  and  put  in 
complete  working  order  all  work  covered  by  the  specifications, 
contract  drawings  and  provisions  of  this  contract,  including  all 
additional  specifications,  drawings  and  details  issued  or  required 
as  herein  provided. 

ARTICLE  XVIII.  The  Contractor  hereby  represents  that  prior 
to  the  execution  of  this  contract  he  has  examined  in  detail  on 
the  ground  the  location  mentioned  herein  and  indicated  on  the 
contract  drawings,  and  that  he  has  fully  examined  the  contract 
drawings,  and  has  read  each  and  every  clause  and  section  of  this 
contract  and  of  the  specifications  and  has  had  full  opportunity  to 
consider  the  same  and  make  necessary  investigations  relating 
thereto ;  and  he  shall  not  make  any  claim  for,  or  have  any  right 
to,  damages  or  an  extension  of  time  for  completion  of  the  Works 
or  any  other  concession  because  of  any  misinterpretation  or  mis- 
understanding of  this  contract  or  of  the  specifications  or  of  the 
contract  drawings,  or  because  of  any  lack  of  information. 

ARTICLE  XIX.  No  acceptance  of  any  part  of  the  Works  or 
of  materials  therefore  shall  relieve  the  Contractor  of  his  obliga- 
tion to  furnish  sound  material  and  perform  sound  work,  whether 
with  respect  to  such  part  or  to  any  other  part  of  the  Works. 

ARTICLE  XX.  The  Commission  contemplates,  and  the  Con- 
tractor hereby  approves,  the  most  thorough  and  minute  inspection 
by  the  Commission  and  its  Engineer,  and  by  their  representa- 
tives or  subordinates,  of  all  work  and  materials  and  of  the  manu- 
facture or  preparation  of  such  materials  from  the  ^beginning  of 
construction  to  the  final  completion  of  the  Works.  It  is  the  in- 
tention of  the  Commission  that  its  Engineer  shall  draw  the  at- 
tention of  the  Contractor  to  all  defects  in  workmanship  .or  ma- 


INSPECTION 

terials  or  other  errors  or  variations  from  the  requirements  of  this 
contract.  But  no  omission  on  the  part  of  the  Commission  or  its 
Engineer  or  any  officer,  member  or  subordinate  of  the  Commission 
to  point  out  such  defects,  errors  or  variations  shall  give  the  Con- 
tractor any  right  or  claim  against  the  City  or  shall  in  any  way 
relieve  the  Contractor  from  his  obligations  according  to  the  terms 
of  this  contract. 

ARTICLE  XXI.  The  Contractor  shall  at  all  times  give  to  the 
Commission  and  its  members,  to  the  Engineer  and  his  assistants 
and  subordinates,  and  to  any  person  designated  by  the  Com- 
mission or  its  Chairman,  all  facilities,  whether  necessary  or  con- 
venient, for  inspecting  the  materials  to  be  furnished  and  the  work 
to  be  done  under  this  contract.  The  members  of  the  Commission, 
the  Engineer  and  all  employees  of  the  Commission  bearing  his 
authorization  or  the  authorization  of  the  Commission  or  its 
Chairman,  shall  be  admitted  at  any  time  summarily  and  with- 
out delay  to  any  part  of  the  works  or  to  inspection  of  materials 
at  any  place  or  stage  of  their  manufacture,  preparation,  ship- 
ment or  delivery. 

ARTICLE  XXII.  The  Engineer  shall  be  furnished  with  every 
reasonable  facility  for  ascertaining  whether  the  work  is  in  ac- 
cordance with  the  requirements  and  intention  of  this  contract, 
even  to  the  extent  of  uncovering  or  taking  down  portions  of 
finished  work.  Should  the  work  thus  exposed  or  examined  prove 
satisfactory,  the  uncovering  or  taking  down  and  the  replacing 
of  the  covering  or  the  making  good  of  the  parts  removed  will  be 
paid  for  at  the  contract  prices  for  the  class  of  work  done;  but 
should  the  work  exposed  or  examined  prove  unsatisfactory,  such 
uncovering,  taking  down,  replacing  and  making  good  shall  be  at 
the  expense  of  the  Contractor. 

ARTICLE  XXIII.  The  inspection  of  the  work  shall  not  re- 
lieve the  Contractor  of  any  of  his  obligations  to  fulfill  this  con- 
tract as  herein  prescribed,  and  defective  work  shall  be  made 
good  and  unsuitable  materials  will  be  rejected,  notwithstanding 
that  such  work  and  materials  have  been  accepted  or  estimated 
for  payment.  If  the  work  or  any  part  thereof  shall  be  found 
defective  before  the  final  acceptance  of  the  whole  work,  the 
Contractor  shall  at  his  own  expense  forthwith  make  good  such 
defect  in  a  manner  satisfactory  to  the  Engineer,  and  if  any 

19 


ENGINEER  TO  DETERMINE 

material  brought  upon  the  ground  for  use  in  the  work  or  selected 
for  the  same  shall  be  condemned  by  the  Engineer  as  unsuitable 
or  not  in  conformity  with  the  specifications,  the  Contractor 
shall  at  his  own  expense  forthwith  remove  such  material. 

ARTICLE  XXIV.  To  prevent  disputes  and  litigations,  the 
Engineer  shall  in  all  cases  determine  the  classification,  amount, 
quality,  acceptability  and  fitness  of  the  several  kinds  of  work 
and  materials  which  are  to  be  paid  for  under  this  contract,  shall 
determine  every  question  in  relation  to  the  Works  and  the  con- 
struction thereof,  and  shall  determine  every  question  which 
may  arise  relative  to  the  fulfillment  of  this  contract  on  the  part 
of  the  Contractor.  His  determination  and  estimate  shall  be 
final  and  conclusive  upon  the  Contractor,  and  in  case  any  ques- 
tion touching  this  contract  shall  arise  between  the  parties  hereto, 
such  determination  and  estimate  shall  be  a  condition  precedent 
to  the  right  of  the  Contractor  to  receive  any  money  under  this 
contract. 

ARTICLE  XXV.  The  Engineer  shall  make  all  necessary  ex- 
planations as  to  the  meaning  and  intention  of  the  specifications, 
shall  give  all  orders  and  directions  contemplated  therein  or 
thereby  and  in  every  case  in  which  a  difficult  or  unforeseen  condi- 
tion shall  arise  in  the  performance  of  the  work  required  by  this 
contract. 

The  Contractor  shall  promptly  obey  and  follow  every  direc- 
tion which  shall  be  given  by  the  Engineer,  including  any  direction 
which  the  Engineer  shall  give  by  way  of  withdrawal,  modifica- 
tion or  reversal  of  any  previous  direction  given  by  him. 

During  the  progress  of  the  work  under  this  contract  it  will 
be  necessary  for  other  contractors  and  persons  employed  by 
the  City  to  do  work  in  or  about  the  construction  of  the  Shop, 
including  but  not  limited  to  the  installation  of  tracks  and  the 
providing  of  certain  finish  for  the  Shop.  The  Commission 
reserves  the  right  to  put  such  other  contractors  and  persons  to 
work  and  to  afford  them  access  to  the  site  of  the  work  to  be 
performed  hereunder  at  such  times  as  the  Commission  may  in  its 
discretion  deem  proper.  The  Contractor  shall  prosecute  his  work 
continuously  and  diligently  and  shall  keep  his  work  so  advanced 
that  the  Commission  will  be  enabled  to  proceed  as  soon  as 

20 


ENGINEER  TO  DETERMINE 

possible  with  the  installation  of  tracks  and  the  providing  of  said 
finish  and  any  other  construction  work  to  be  performed  under 
other  contracts  and  to  complete  the  same  coincidently  with  the 
completion  of  the  Shop  hereunder;  and  the  Contractor  shall  so 
conduct  his  work  as  not  to  impede  or  interfere  with  the  work  of 
such  other  contractors  or  persons  and  shall  so  arrange  and  con- 
duct his  work  that  such  other  contractors  and  persons  may  com- 
plete their  work  and  the  Shop  be  put  into  use  at  the  earliest 
possible  date  and  for  that  purpose  he  shall  afford  to  such  other 
contractors  or  persons  such  facilities  as  the  Engineer  may  require. 
Wherever  any  work  performed  or  to  be  performed  by  the 
Contractor  under  this  contract  shall  adjoin  or  affect  any  work 
performed  or  to  be  performed  by  any  other  contractor  or  con- 
tractors of  the  Commission,  including  any  work  mentioned  in 
the  preceding  paragraph,  the  Engineer  shall  decide  any  question 
or  dispute  between  the  Contractor  and  such  other  contractor  or 
contractors  and  shall  determine  which  of  them  shall  perform  or 
complete  any  work  and  the  manner,  time  and  method  in  which 
they  shall  perform  their  respective  work  and  the  facilities  which 
each  shall  afford  to  the  other  or  others,  and  his  determination 
shall  as  aforesaid  be  final  and  conclusive  upon  the  Contractor. 

During  the  progress  of  the  work  under  this  contract  it  will 
also  be  necessary  for  the  Interborough  Company,  its  successors 
or  assigns,  and  other  contractors  and  persons  employed  by  the 
Interborough  Company,  its  successors  or  assigns,  to  do  work  in 
or  about  the  equipment  of  the  Shop,  including  but  not  limited 
to  laying  the  third  or  power  rail  and  installing  signals.  The 
Contractor  shall  prosecute  his  work  continuously  and  diligently 
and  shall  keep  his  work  so  advanced  that  the  Interborough 
Company,  its  successors  or  assigns,  will  be  enabled  to  proceed 
as  soon  as  possible  with  the  equipment  of  the  Shop  and  to  com- 
plete the  same  coincidently  with  the  completion  of  the  Shop 
hereunder;  and  the  Interborough  Company,  its  successors  or  as- 
signs, and  the  contractors  or  persons  employed  by  the  Inter- 
borough Company,  its  successors  or  assigns,  shall  have  the  right 
to  enter  upon  the  site  of  the  work  to  be  performed  hereunder 
at  any  time  for  the  purpose  of  proceeding  with  the  work  of  equip- 
ping the  Shop.  The  Contractor  shall  so  conduct  his  work  as  not 
to  impede  or  interfere  with  the  work  of  the  Interborough  Com- 
pany, its  successors  or  assigns,  or  such  other  contractors  or  per-' 

21 


ENGINEER  TO  DETERMINE 

sons  engaged  in  or  about  the  construction  or  equipment  of  the 
Shop  and  shall  so  arrange  and  conduct  his  work  that  the  Inter- 
borough  Company,  its  successors  or  assigns,  and  such  other  con- 
tractors and  persons  may  complete  their  work  and  the  Shop  be 
put  into  use  at  the  earliest  possible  date  and  for  that  purpose 
he  shall  afford  to  the  Interborough  Company,  its  successors  or 
assigns,  and  such  other  contractors  or  persons  such  facilities  as 
the  Engineer  may  require. 

Wherever  any  work  performed  or  to  be  performed  by  the 
Contractor  under  this  contract  shall  adjoin  or  affect  any  work 
performed  or  to  be  performed  by  the  Interborough  Company,  its 
successors  or  assigns  or  by  any  contractor  or  contractors  of 
the  Interborough  Company,  its  successors  or  assigns,  in  con- 
nection with  the  equipment  of  the  Shop,  the  Engineer  shall  de- 
termine the  manner,  time  and  method  in  which  the  Contractor 
shall  perform  his  work  and  the  facilities  which  he  shall  afford 
to  the  Interborough  Company,  its  successors  or  assigns,  or  such 
other  contractor  or  contractors  and  his  determination  shall  as 
aforesaid  be  final  and  conclusive  upon  the  Contractor. 

ARTICLE  XXVI.  Any  engineer  substituted  by  the  Commis- 
sion in  place  of  the  Chief  Engineer  during  the  absence,  illness 
or  disability  of  the  Chief  Engineer  or  when  the  Commission  shall 
so  determine  shall,  during  his  official  connection,  have  all  the 
power  and  authority  of  the  Chief  Engineer  and  in  all  respects  be 
recognized  as  such  Chief  Engineer. 


CHAPTER  III 
SPECIFICATIONS 

SECTION  No.  1.  The  specifications  and  the  contract  drawings 
hereinafter  mentioned,  taken  in  connection  with  the  other  pro- 
visions of  this  contract,  are  intended  by  the  Commission  to  be 
full  and  comprehensive,  and  to  show  all  the  work  required  to  be 
done.  But  it  is  impossible  either  in  advance  to  show  all  details 
or  precisely  to  forecast  all  exigencies.  The  specifications  and  the 
contract  drawings  are  to  be  taken,  therefore,  as  indicating  the 
amount  of  work,  its  nature  and  the  method  of  construction  so  far 
as  the  same  are  now  distinctly  apprehended.  The  Shop  is  to 
be  constructed  for  actual  use  in  connection  with  the  operation  of 
an  intraurban  railroad  of  the  highest  class,  adapted  to  the  neces- 
sities of  the  people  of  New  York,  in  the  best  manner,  according 
to  the  best  rules  and  usages  of  shop  construction,  and  in  the  event 
of  any  doubt  as  to  the  meaning  of  any  portion  of  the  specifi- 
cations or  of  the  contract  drawings,  or  of  the  text  of  this  con- 
tract, the  same  shall  be  interpreted  as  calling  for  the  best  con- 
struction, both  as  to  materials  and  workmanship,  capable  of 
being  supplied  or  applied.  All  the  clauses  of  the  specifications 
and  all  the  parts  of  the  contract  drawings  are,  therefore,  to  be 
understood,  construed  and  interpreted  as  intending  to  produce 
the  results  hereinbefore  stated. 

SECTION  No.  2.  The  Contractor  shall  construct  and  complete 
the  Shop  strictly  in  accordance  with  the  requirements  of  these 
specifications;  if  in  these  specifications  or  this  contract  or  on 
the  contract  drawings  any  matter  or  thing  requisite  be  not  con- 
templated, mentioned,  specified  or  indicated  or  otherwise  provided 
for,  nevertheless  the  same  is  deemed  to  be  included  and  the  Con- 
tractor shall  do  the  same  as  part  of  the  work  hereunder  at  the 
unit  prices  for  each  class  of  work  where  in  the  opinion  of  the 
Engineer  applicable  or  as  provided  in  Article  XII. 

SECTION  No.  3.  The  contract  drawings  referred  to  in  this 
contract  and  these  specifications  are  each  countersigned  by  the 
Engineer,  stamped  with  the  seal  of  the  Commission  and  bear 
the  general  title : 


23 


SPECIFICATIONS 

ADDITIONS  TO  SHOPS 
LENOX  AVE.  &  148TH  STREET  YARD 

UNDER   CONTRACT   No.   3 
CONTRACT    DRAWING    No. 

and  are  designated  or  numbered  as  follows : 

C-l  to  C-ll  inclusive  and  are  dated  September  3,  1918. 

SECTION  No.  4.  The  sections  and  dimensions  shown  on  the 
contract  drawings  are  typical  sections  and  dimensions  which 
should  be  applicable  to  the  greater  part  of  the  work.  Working 
drawings  to  amplify  the  contract  will  be  furnished  by  the  En- 
gineer to  the  Contractor,  from  which  the  shop  drawings  shall  be 
made  by  him.  The  first  of  these  working  drawings  will  be 
given  to  the  Contractor  within  thirty  (30)  days  after  this  con- 
tract is  delivered  and  the  remainder  from  time  to  time  as  may 
be  reasonably  and  necessarily  required  by  the  Contractor.  Where, 
however,  changes  in  the  drawings  are  deemed  necessary  they  may 
be  ordered  under  Article  XV  of  this  contract  and  the  Engineer 
shall  issue  such  drawings  and  specifications  as  may  be  necessary. 
The  Contractor  shall  promptly  upon  the  delivery  of  this  contract 
furnish  a  written  statement  to  the  Engineer  showing  the  order 
in  which  he  desires  the  working  drawings  to  facilitate  the  prosecu- 
tion of  his  work  and  this  order  will  be  followed  so  far  as  reason- 
ably practicable  and  necessary.  The  Contractor  may,  but  only 
with  the  written  consent  of  the  Engineer,  make  changes  in  said 
written  statement  furnished  to  the  Engineer  showing  the  order 
in  which  the  Contractor  desires  the  working  drawings,  but  the 
Contractor  will  be  responsible  for  any  delay  resulting  from 
any  such  changes  and  no  extension  of  time  or  other  allowance 
or  cpncession  will  be  made  to  the  Contractor  on  account  of 
any  such  change  or  any  delay  resulting  therefrom. 

The  Contractor  may  be  required  to  place  mill  orders  for  the 
steel  shown  on  the  working  drawings  issued  by  the  Engineer  im- 
mediately upon  receipt  of  such  working  drawings  without  waiting 
for  approval  of  the  shop  drawings.  The  Contractor,  however, 
shall  be  responsible  for  the  correctness  of  the  mill  orders  and 
the  material  ordered  therefrom,  except  where  changes  or  correc- 
tions may  be  made  in  the  working  drawings  other  than  the  addi- 
tion of  further  details. 

SECTION  No.  6.  Detail  construction  drawings  of  the  existing 
shops  may  be  seen  at  the  office  of  the  Interborough  Company, 

24 


SPECIFICATIONS 

and  samples  of  materials  taken  in  connection  with  test  bor- 
ings may  be  seen  at  the  office  of  the  Engineer.  They  will  be 
exhibited  to  the  Contractor  without  any  guarantee  on  the  part 
of  the  Commission  as  to  their  completeness  or  correctness, 
for  such  aid,  if  any,  as  may  be  derived  from  them. 

SECTION  No.  7.  If,  in  the  prosecution  of  the  work,  diffi- 
culties of  any  nature  be  encountered  which  are  not  indicated  or 
suggested  by  the  said  detail  construction  drawings  or  said  sam- 
ples of  materials,  the  Contractor  shall  take  every  necessary  or 
proper  precaution  to  overcome  the  unforeseen  difficulty  according 
to  the  direction  of  the  Engineer  and  as  provided  in  this  contract 
and  these  specifications. 

SECTION  No.  8.  The  specifications  do  not  include  all  require- 
ments, but  are  requirements  in  addition  to  those  elsewhere  given 
or  provided  in  this  contract.  The  specifications  and  the  other 
provisions  of  this  contract  and  the  contract  drawings  are  intended 
to  be  explanatory  of  one  another.  Should,  however,  any  discrep- 
ancy appear  or  any  misunderstanding  arise  as  to  the  import  of 
anything  contained  in  either,  the  explanation  or  decision  of  the 
Engineer  shall  be  final  and  conclusive. 

SECTION  No.  9.  These  specifications  are  grouped  in  sub- 
divisions as  follows: 

Page 

1  Brief  Description  of  the  Work 26 

2  General  Clauses 27 

3  General   Manner   of    Prosecution   and   Maintenance   of 

Traffic    34 

4  Surface,  Subsurface  and  Overhead  Structures 35 

5  Excavation 37 

6  Backfilling    41 

7  Piling  and  Timbering 42 

8  Cement    44 

9  Mortar 47 

10  Masonry    48 

11  Concrete 50 

12  Brick  Masonry  56 

13  Steel  and  Iron 57 

14  Painting 64 

15  Drains 70 

16  Steel   Windows,    Skylights,   Leaders   and    Sheet   Metal 

Work    72 

17  Electric  Work 75 

18  Waterproofing    78 

19  Special   Matters    81 

25 


SUBDIVISION  1 
BRIEF  DESCRIPTION  OF  THE  WORK 

SECTION  No.  10.  The  work  to  be  performed  under  this  con- 
tract consists  of  constructing  an  addition  to  the  existing  repair 
shops  in  the  Lenox  Avenue  and  148th  Street  yard  of  the  Inter- 
borough  Company.  The  general  details  of  construction  are  indi- 
cated more  particularly  on  the  contract  drawings. 

SECTION  No.  11.  In  addition  to  the  construction  of  the  Shop, 
it  will  be  necessary  to  do  various  incidental  work  which  is  gen- 
erally referred  to  in  Article  X  hereof. 


26 


SUBDIVISION  2 
GENERAL  CLAUSES 

SECTION  No.  12.  All  materials  and  workmanship  must  be  of 
the  best  class  in  every  respect  and  the  Engineer  shall  be  the  sole 
judge  of  their  quality  and  efficiency. 

SECTION  No.  13.  All  the  work  shall  be  prosecuted  in  the 
manner,  according  to  local  conditions,  best  calculated  to  pro- 
mote rapidity  in  construction,  to  secure  safety  to  life  and  prop- 
erty and  to  reduce  to  the  minimum  any  interference  with  abutting 
property  and  the  public  travel.  Surface  work  affecting,  or  af- 
fected by,  street  traffic  shall  be  prosecuted  during  such  hours  as 
will  reduce  such  interference  to  a  minimum.  Night  work  shall 
be  conducted,  in  accordance  with  the  directions  of  the  Engineer, 
so  that  annoyance  to  occupants  of  abutting  property  shall  be 
reduced  to  a  minimum,  and  the  Engineer  may,  if  in  his  judgment 
conditions  so  require,  direct  that  night  work  be  omitted. 

SECTION  No.  14.  The  Shop  is  for  the  use  of  an  extensive 
rapid  transit  railroad  system,  which  the  interests  of  the  City  im- 
peratively require  shall  be  completed  and  put  into  operation  with- 
out delay.  If  the  Contractor  shall  not  prosecute  his  work  in  such 
manner  as  to  make  it  probable  in  the  judgment  of  the  Engineer 
that  the  work  will  be  completed  within  the  time  limited,  the  Con- 
tractor, if  directed  by  the  Commission,  shall  increase  the  number 
of  shifts  and  the  number  of  men  in  each  shift  to  such  extent  as 
may  be  necessary  to  insure  the  completion  of  the  work  within  the 
time  required  by  this  contract  or  within  the  shortest  possible  time 
thereafter. 

SECTION  No.  15.  In  case  of  emergencies  involving  danger  to 
life  or  property,  continuous  work  with  an  increased  force  may  be 
ordered  by  the  Engineer  for  such  time  as  may  be  necessary. 

SECTION  No.  16.  No  work  shall  be  begun  until  the  Commis- 
sion shall  issue  to  the  Contractor  a  permit  authorizing  him  to 
proceed.  No  permits  for  excavation  will  be  issued  until  the  Con- 
tractor has  given  satisfactory  assurance  to  the  Engineer  that  the 
structural  steel  and  other  material  needed  for  construction  will  be 
available.  Such  permits  shall  be  in  such  form  and  shall  cover 
such  portions  of  the  work  as  the  Commission  may  prescribe. 

27 


SPECIFICATIONS GENERAL    CLAUSES 

SECTION  No.  17.  Before  any  opening  is  made  in  the  sur- 
face of  a  street,  a  copy  of  the  permit  issued  by  the  Commission 
shall  have  been  filed  with  the  Borough  President  not  less  than  five 
(5)  days,  unless  the  Engineer  shall  expressly  direct  work  to  begin 
within  a  less  period. 

SECTION  No.  18.  At  least  one  (1)  week  before  commencing 
work  on  any  part  of  the  Shop,  the  Contractor  shall  give  notice 
in  writing  to  the  Engineer  of  his  intention  to  commence  such 
operations;  and  at  least  one  (1)  week  before  commencing  or  re- 
suming manufacture  of  any  article  called  for  by  these  specifica- 
tions, the  Contractor  shall  give  notice  in  writing  to  the  Engineer 
of  his  intention  to  commence  or  resume  such  manufacture,  with 
the  name  and  address  of  the  maker  and  the  amount  and  descrip- 
tion of  the  material  to  be  manufactured. 

SECTION  No.  19.  Plans  showing  the  proposed  methods  of 
construction  shall  be  submitted  to  the  Engineer  and  shall  receive 
his  approval  before  permits  will  be  granted  and  before  such  plans 
are  put  in  operation. 

SECTION  No.  20.  In  all  operations  connected  with  the 
Works  all  ordinances  of  the  City  and  of  the  Board  of  Health  and 
all  laws  of  this  State  which  are  applicable  to  and  control  or  limit 
in  any  way  the  actions  of  those  engaged  in  the  work  or  affecting 
the  materials  belonging  to  or  used  by  them  shall  be  respected  and 
strictly  complied  with,  and  the  Contractor  shall  further  strictly 
comply  with  all  applicable  Federal,  State  and  Municipal  regula- 
tions regarding  the  transportation  of  materials  in  and  around  the 
City  and  Harbor  of  New  York. 

SECTION  No.  21.  Whenever  the  construction  of  the  Works 
under  the  provisions  of  this  contract  shall  interfere  with,  dis- 
turb or  endanger  any  duly  authorized  subsurface  structure,  the 
work  of  construction  at  such  points  shall  be  conducted  in  ac- 
cordance with  the  reasonable  requirements  of  the  Borough  Presi- 
dent or  other  officer  or  local  authority  having  the  care  of  and 
the  jurisdiction  or  control  over  such  subsurface  structures  so 
interfered  with,  disturbed  or  endangered. 

28 


SPECIFICATIONS — GENERAL    CLAUSES 

SECTION  No.  22.  The  Contractor  shall,  at  his  own  cost,  pro- 
vide for  the  water  supply  necessary  for  his  work  and  he  shall 
bear  the  cost  of  any  inspection  charge  in  connection  therewith. 

SECTION  No.  24.  Structural  and  other  material  to  be  used 
in  the  work  may  be  stored  in  such  location  and  for  such  periods 
as  may  be  approved  by  the  Engineer. 

SECTION  No.  25.  In  any  case  material  may  be  stored  only 
with  the  approval  of  the  Engineer,  revocable  at  any  time ;  and 
if  so  ordered,  such  material  shall  be  removed  immediately  by 
the  Contractor  at  his  own  expense  on  receipt  of  the  order,  or 
within  a  period  of  time  to  be  therein  stated. 

SECTION  No.  26.  Wherever  the  work  is  being  carried  on, 
free  access  must  be  given  to  every  fire  hydrant  and  fire  alarm 
box,  and  when  required,  hydrants  shall  be  extended  by  suit- 
able tube  or  piping  to  an  accessible  point  as  approved  by  the 
Engineer,  and  to  the  satisfaction  of  the  Chief  of  the  Fire  De- 
partment. Materials  must  not  be  piled  at  any  time  or  place 
within  ten  (10)  feet  of  any  fire  hydrant  or  fire  alarm  box; 
and  where  materials  are  unavoidably  piled  or  placed  in  the 
vicinity  of  a  fire  hydrant  or  fire  alarm  box,  and  to  such  height 
as  to  prevent  the  same  from  being  readily  seen,  the  position  of 
such  hydrant  or  fire  alarm  box  shall  be  indicated  by  suitable 
signals,  both  day  and  night. 

The  Contractor  shall  at  his  own  expense  guard,  maintain 
and  protect  the  wires,  cables,  ducts,  manholes,  posts  and  poles, 
signals  and  fire  alarm  boxes  of  the  Fire  Department.  He  shall 
not  cause  the  interruption  of  the  Fire  Department  Fire  Alarm 
Telegraph  service.  No  Fire  Department  wire,  cable,  duct,  man- 
hole, post  of  pole,  signal  or  fire  alarm  box  shall  be  disturbed 
except  in  the  presence  of  a  representative  of  the  Bureau  pf  Fire 
Alarm  Telegraph.  In  case  any  such  wire,  cable,  duct,  manhole, 
post  or  pole,  signal  or  fire  alarm  box  shall  be  disturbed,  it  shall 
be  restored  to  its  original  condition  by  the  Contractor  at  his  own 
expense. 

SECTION  No.  27.  The  Contractor  shall  at  his  own  expense 
keep  the  work,  streets  and  all  public  places  occupied  by  him 

29 


SPECIFICATIONS — GENERAL    CLAUSES 

clear  of  all  refuse  and  rubbish  that  may  accumulate  from  any 
source  whatever  and  shall  leave  them  in  a  neat  condition ;  but 
this  is  in  no  way  to  be  construed  as  placing  upon  the  Contractor 
the  usual  duties  of  the  Street  Cleaning  Department. 

SECTION  No.  28.  Where  access  to  any  adjacent  property  is 
temporarily  cut  off,  owing  to  the  occupancy  of  the  street  by 
the  Contractor,  he  must,  at  his  own  cost,  render  every  assistance 
to  the  owner  or  occupant  in  handling  such  materials  of  any 
description,  including  all  material  to  be  removed  by  the  Depart- 
ment of  Street  Cleaning,  as  may  have  to  be  taken  to  or  removed 
from  such  property ;  such  material  shall  be  taken  to  or  from  the 
nearest  accessible  point  that  in  the  opinion  of  the  Engineer  is  con- 
venient for  handling. 

SECTION  No.  29.  Waste  material  of  any  character  will  under 
no  conditions  be  permitted  to  remain  on  the  streets,  but  must 
immediately  on  its  becoming  unfit  for  use  in  the  work  be  carted 
away  and  disposed  of  by  the  Contractor  at  his  own  expense,  as 
hereinbefore  provided. 

SECTION  No.  30.  Necessary  conveniences,  properly  secluded 
from  public  observation,  shall  be  constructed  and  maintained  by 
the  Contractor  at  his  own  expense  wherever  needed  for  the  use 
of  his  employees,  to  the  satisfaction  of  the  Engineer  and  the 
sanitary  authorities. 

SECTION  No  31.  Wherever  necessary  the  Contractor  shall 
erect  and  maintain  at  his  own  expense  fences  for  the  protection 
of  adjoining  property  and  of  the  adjoining  public  places. 

SECTION  No.  32.  The  using  of  fences  and  buildings  during 
construction  for  advertising  purposes,  other  than  the  name  and 
address  of  the  Contractor,  is  forbidden;  all  temporary  buildings 
and  fences  erected  by  the  Contractor  shall  be  neat  in  appearance 
and  shall  be  painted  as  directed  by  the  Engineer. 

SECTION  No.  33.  Barricades  and  bridges  shall  be  erected  by 
the  Contractor  at  his  own  cost,  for  the  protection  of  the  work  or 
the  use  of  the  public;  they  shall  be  substantial  in  character  and 
neat  in  appearance. 

30 


SPECIFICATIONS — GENERAL    CLAUSES 

SECTION  No.  34.  The  Engineer  will  prepare  and  furnish  to 
the  Contractor,  from  time  to  time  as  aforesaid,  drawings  am- 
plifying such  details  of  the  contract  drawings  as  may  be  neces- 
sary and  drawings  necessary  to  show  the  adjustment  and  recon- 
struction of  all  surface,  subsurface  and  overhead  structures 
wherever  the  reconstruction  of  the  same  is  necessitated  by  the 
construction  or  operation  of  the  Shop.  These  drawings  must  be 
strictly  followed  unless  local  conditions  should  develop  during 
construction  suggesting  changes,  when,  with  the  approval  of  the 
Engineer,  such  changes  may  be  permitted. 


SECTION  No.  35.  The  Contractor  shall  make  all  working  or 
shop  drawings  (including  drawings  showing  the  location  and 
details  of  reinforcing  rods)  which  may  be  required  in  addition 
to  the  contract  drawngs,  or  in  addition  to  such  other  drawings 
as  the  Engineer  may  issue  in  amplification  of  such  contract 
drawings,  as  explained  above.  All  working  or  shop  drawings 
made  by  the  Contractor  shall  be  submitted  in  duplicate  to  the 
Engineer  for  his  approval,  which  approval,  if  given,  shall  be 
indicated  by  his  countersigning  one  set  of  such  working  or  shop 
drawings  and  returning  the  same  to  the  Contractor.  Should 
the  working  or  shop  drawings  be  not  approved  by  the  Engi- 
neer, then  the  Engineer  shall  return  one  set  of  such  working 
or  shop  drawings,  with  the  necessary  corrections  and  changes 
indicated  thereon;  and  the  Contractor  shall  make  such  cor- 
rections and  changes  and  again  submit  drawings  in  duplicate 
for  the  approval  of  the  Engineer;  and  no  work  called  for  by 
said  working  or  shop  drawings  shall  be  done  until  the  approval 
of  the  Engineer  be  obtained,  which  must  be  given  or  refused 
within  twenty  (20)  working  days  after  delivery  to  him  at  his 
office  of  such  drawings  in  duplicate.  The  approval  of  shop 
drawings  by  the  Engineer  shall  not  relieve  the  Contractor  of 
the  responsibility  for  the  accuracy  of  such  shop  drawings.  Imme- 
diately upon  final  approval  of  such  working  or  shop  drawings  by 
the  Engineer,  the  Contractor  shall  furnish  the  Commission  with 
five  (5)  additional  copies  of  such  approved  drawings.  The 
tracings  of  all  the  approved  working  or  shop  drawings  made  by 
the  Contractor  shall  be  delivered  to  the  Engineer  prior  to  or 
upon  the  completion  of  the  Works. 

31 


SPECIFICATIONS — GENERAL    CLAUSES 

SECTION  No.  36.  During  the  progress  of  the  work  the  Com- 
mission will  give  through  the  Engineer  to  the  Contractor,  suit- 
able points,  marks  or  benches,  indicating  the  line  and  grade 
of  the  Shop  and  of  the  sewers,  such  points  or  bench  marks  to 
be  established  at  such  intervals  as  the  Engineer  deems  necessary 
to  enable  the  Contractor  to  perform  his  work.  The  principal 
lines  and  grades  will  be  given  by  the  Engineer,  who  may  change 
them  from  time  to  time  as  may  be  authorized  and  directed  by 
the  Commission.  The  stakes  and  marks  given  by  the  Engineer 
shall  be  carefully  preserved  by  the  Contractor,  who  shall  give 
to  the  Engineer  all  necessary  assistance  and  facilities  for  estab- 
lishing benches  and  plugs  and  for  making  measurements. 

SECTION  No.  37.  Orders  and  directions  may  be  given  orally 
by  the  Engineer  to,  and  shall  be  received  and  promptly  obeyed 
by,  the  Contractor  or  his  representative  or  any  superintendent, 
overseer  or  foreman  of  the  Contractor  who  may  have  charge 
of  the  particular  work  in  relation  to  which  the  orders  or  direc- 
tions are  given,  and  a  confirmation  in  writing  of  such  orders  or 
directions  will  be  given  to  the  Contractor  by  the  Engineer  if  so 
requested.  The  Contractor  or  his  duly  authorized  representa- 
tive shall  be  present  at  all  times  on  the  work  to  receive  orders 
and  directions  from  the  Engineer. 

SECTION  No.  38.  Any  imperfect  construction  which  may  be 
discovered  before  the  final  acceptance  of  the  work  shall  be  cor- 
rected immediately  upon  the  requirement  of  the  Engineer  and 
at  the  Contractor's  expense  notwithstanding  that  it  may  have 
been  overlooked  by  the  Inspector. 

SECTION  No.  39.  All  work  of  whatever  kind  which  during 
its  progress  and  before  its  final  acceptance  shall  become  dam- 
aged from  any  cause  shall  be  broken  up  or  removed  and  shall 
be  replaced  by  good  and  sound  work  at  the  Contractor's  expense. 

SECTION  No.  40.  If  any  material  brought  on  the  ground  for 
use  in  the  work  or  selected  for  the  same  shall  be  condemned 
by  the  Engineer  as  unsuitable  or  not  in  conformity  with  the 
specifications,  the  Contractor  shall  forthwith  remove  such  mate- 
rial at  his  own  expense. 

32 


SPECIFICATIONS — GENERAL    CLAUSES 

« 

SECTION  No.  41.  The  Contractor  shall  employ  only  compe- 
tent, skillful  and  faithful  men  to  do  the  work.  Whenever  the 
Engineer  shall  notify  the  Contractor  in  writing  that  in  his 
opinion  any  man  on  the.  work  is  incompetent,  unfaithful  or  dis- 
orderly, such  man  shall  be  discharged  from  the  work  and  shall 
not  again  be  employed  on  it. 


33 


SUBDIVISION  3 

GENERAL  MANNER  OF  PROSECUTION  AND  MAINTENANCE  OF 

TRAFFIC 

SECTION  No.  42.  No  building  shall,  without  the  consent  of 
the  occupant  and  without  notice  to  the  Engineer,  be  deprived 
of  means  of  access  thereto;  and  where  necessary,  suitable  means 
shall  be  provided,  at  the  Contractor's  expense,  to  permit  owners 
and  occupants  to  reach  their  premises. 

SECTION  No.  44.  Generally  the  Contractor  will  be  permitted 
to  conduct  his  work  in  the  most  expeditious  manner  possible, 
having  due  regard  for  the  safety  of  persons  and  property  and 
facilities  for  traffic  and  under  such  instructions  as  the  Engineer 
may  give  from  time  to  time. 

SECTION  No.  45.  All  necessary  facilities  shall  be  furnished 
by  the  Contractor  at  his  own  expense  for  the  benefit  of  street 
traffic  both  on  longitudinal  and  cross  streets. 

SECTION  No.  46.  The  Commission  will  insist  upon  the  close 
observance  of  the  above  requirements,  and  no  departure  there- 
from will  be  allowed,  excepting  upon  the  written  permission  of 
the  Commission. 

SECTION  No.  46-A.  The  Lenox  Avenue  and  148th  Street 
Yard  and  the  repair  shops  therein  are  now  being  operated  by  the 
Interborough  Company,  and  the  Contractor  must  so  conduct  his 
work  as  to  allow  the  continuous  ingress  and  egress  of  trains  to 
all  parts  of  the  said  yard  and  shops.  During  the  progress  of  the 
work  it  will  be  necessary  to  stop  the  operation  of  certain  existing 
tracks,  but  no  obstruction  of  the  existing  tracks  or  of  other 
facilities  shall  be  made  by  the  Contractor  before  he  has  obtained 
the  written  consent  of  the  Interborough  Company,  and  he  shall 
comply  with  all  the  conditions  required  in  said  written  consent. 


34 


SUBDIVISION  4 
SURFACE,  SUBSURFACE  AND  OVERHEAD  STRUCTURES 

SECTION  No.  47.  Notice  shall  be  given  by  the  Contractor  to 
all  individuals,  companies  and  the  proper  City  officials  owning 
or  having  charge  of  surface,  subsurface  or  overhead  structures 
along  any  part  of  the  work,  of  his  intention  to  commence  opera- 
tions along  such  part  of  the  route,  at  least  one  (1)  week  in 
advance,  and  the  Contractor  shall  file  with  the  Engineer  at  the 
same  time  a  copy  of  said  notice;  and  he  shall  co-operate  with 
the  proper  parties,  officers  or  officials  in  charge  of  such  structures 
and  shall  furnish  them  with  all  reasonable  facilities  to  inspect  the 
methods  of  caring  for  their  property. 

SECTION  No.  48.  In  the  rearrangement  of  surface,  subsur- 
face or  overhead  structures  requiring,  in  the  opinion  of  the  Engi- 
neer, removal  and  relaying  or  reconstruction  due  to  interference 
with  the  Shop  structure  or  necessary,  in  the  opinion  of  the 
Engineer,  for  the  safe  and  convenient  operation  of  the  Shop, 
a  tentative  plan  will  be  made  by  the  Engineer,  which  will  be  sub- 
mitted to  the  parties  interested;  if  any  reasonable  changes  are 
then  requested  by  any  of  the  said  parties  within  ten  (10)  days 
after  the  submission  of  the  tentative  plan,  such  changes  will  then 
be  made,  if  in  the  judgment  of  the  Engineer  they  will  best  con- 
serve the  interests  of  all  parties  concerned;  a  further  plan  will 
then  be  made  which,  upon  the  approval  of  the  Engineer,  will  be 
final. 

SECTION  No.  49.  Whenever  it  becomes  necessary  to  cut, 
move,  change,  or  reconstruct  any  surface,  subsurface  or  overhead 
structures,  or  connections  therewith  (as  more  particularly  enu- 
merated in  Article  X),  such  work  shall  be  done  in  accordance 
with  the  standard  specifications  and  reasonable  requirements  of 
the  several  owners  or  of  the  Borough  President  or  other  officer 
or  local  authority  having  the  care  of  and  the  jurisdiction  or  con- 
trol over  such  structures,  except  as  herein  elsewhere  specifically 
provided. 

SECTION  No.  50.  All  work  of  reconstruction  or  alteration 
shall  be  done  with  reasonable  dispatch  and  facilities  shall  be  pro- 
vided so  that  said  work  will  interfere  as  little  as  possible  with 
the  practical  working  and  use  of  such  structures. 

35 


SPECIFICATIONS SURFACE,   SUBSURFACE  AND  OVERHEAD 

STRUCTURES 

SECTION  No.  51.  The  Contractor  shall  at  all  times,  by  suit- 
able bridging  or  other  supports,  maintain  and  support  in  an  en- 
tirely safe  condition  for  the  usual  service  and  to  the  reasonable 
satisfaction  of  the  owners,  all  surface,  subsurface  and  overhead 
structures  and  all  their  appurtenances  encountered  or  affected 
during  the  prosecution  of  his  work;  if  the  maintenance  of  such 
usual  service  makes  it  necessary,  the  Contractor  shall  temporarily 
remove  and  relay  or  reconstruct  any  such  surface,  subsurface  or 
overhead  structure  and  shall  restore  the  same  or  reconstruct  the 
same  in  a  new  location  prior  to  the  completion  of  this  contract. 
All  surface,  subsurface  and  overhead  structures  and  all  their 
appurtenances  and  all  surfaces  of  whatever  character  along  the 
work  shall  be  protected  from  injury,  and  the  Contractor  shall 
fully  restore  such  surface,  subsurface  and  overhead  structures 
and  all  their  appurtenances  and  all  such  surfaces  to,  and  shall 
leave  them  in,  as  useful,  safe,  durable  and  good  a  condition 
as  existed  before  construction  was  begun.  All  the  above,  includ- 
ing also  all  changes  of  surface,  subsurface  and  overhead  struc- 
tures and  all-  their  appurtenances  and  all  surfaces  of  whatever 
character  made  by  the  Contractor  for  his  own  convenience 
in  executing  his  work,  shall  be  done  at  the  Contractor's  own 
expense  and  shall  be  deemed  to  be  included  in  the  prices  stipu- 
lated in  the  Schedule  for  excavation  and  riveted  steel  except  as 
herein  otherwise  specifically  provided. 

SECTION  No.  54.  In  the  event  of  the  owners  or  the  City 
desiring  to  make  any  addition,  alteration  or  extension  to  their 
structures  or  to  any  work  to  or  in  connection  with  surface, 
subsurface  or  overhead  structures  owned  by  them  or  it  or  to 
lay  any  new  structure  in  or  across  a  street  occupied  by  the  Works 
at  the  time  the  work  under  this  contract  is  in  progress,  the  Con- 
tractor, by  a  written  permission,  shall  give  said  owners  or  the  City 
all  reasonable  opportunity  to  perform  such  work;  provided  such 
work  or  alteration  for  the  benefit  solely  of  the  owners  of  sub- 
surface structures  does  not  cause  the  Contractor  any  serious  loss 
or  delay,  as  shall  be  determined  by  the  Commission.  The  written 
permission  from  the  Contractor,  with  three  (3)  prints  of  draw- 
ings or  sketches  or  a  description  indicating  the  proposed  work  in 
detail,  shall  be  submitted  to  and  approved  by  the  Engineer  before 
any  work  shall  be  proceeded  with  under  such  written  permission. 

36 


SUBDIVISION  5 
EXCAVATION 

SECTION  No.  55.  Special  care  must  be  taken  to  avoid  dam- 
age wherever  excavations  are  being  made.  The  width  of  such 
excavations  shall  not  exceed  the  width  actually  necessary,  in  the 
opinion  of  the  Engineer,  for  the  proper  prosecution  of  the  work. 
All  excavations  shall  be  of  such  dimensions  as  shall  be  necessary, 
in  the  opinion  of  the  Engineer,  for  the  proper  and  expeditious 
progress  of  the  work  and  to  permit  the  readjustment  of  all  sub- 
surface structures  encountered. 

SECTION  No.  56.  Excavation  shall  be  carried  to  such  depth 
as  may  be  necessary  to  permit  the  laying  of  such  concrete  bed 
or  special  foundation  as  shown  on  the  drawings  or  as  may  be 
deemed  necessary  by  the  Engineer. 

SECTION  No.  57.  The  sides  of  the  excavations  shall  be  secured 
against  slips  by  suitable  sheet  piling  or  sheeting,  held  in  place 
by  braces,  shores  or  waling  timbers,  special  precautions  being 
taken  where  there  is  additional  pressure  due  to  the  presence  of 
structures.  Where  a  movement  of  the  ground  might  cause  the 
settlement  of  an  adjacent  structure,  the  sheeting  must  be  started, 
if  near  the  structure,  before  the  elevation  of  the  bottom  of  the 
foundation  of  the  structure  is  reached;  if  away  from  the  struc- 
ture, at  such  depth  of  the  excavation  as  the  Engineer  may  permit; 
and  the  excavation  must  not  be  made  in  advance  of  or  below  the 
bottom  of  the  sheeting. 

SECTION  No.  58.  Sheeting  shall  be  driven  wherever  possible, 
but  when  it  is  placed  against  the  sides  of  the  excavations,  the 
spaces  or  voids  back  of  the  sheeting  must  be  immediately  and 
carefully  filled  with  suitable  material  to  prevent  as  far  as  possible 
the  natural  ground  back  of  the  sheeting  from  moving. 

SECTION  No.  59.  No  payment  shall  be  made  for  sheeting 
left  in  the  ground  or  in  the  work  unless  the  Engineer  shall  in 
writing  require  it  to  be  left  in,  in  which  case  payment  shall  be 
made  for  the  sheeting  so  left  in  as  measured  by  the  Engineer  at 
one-half  the  current  market  price  for  new  material  of  the  same 
grade,  character  and  dimensions  and  without  any  allowance  or 
payment  for  placing  the  same. 

37 


SPECIFICATIONS — EXCAVATION 

SECTION  No.  60.  All  timber  used  for  sheeting,  shoring,  brac- 
ing, decking  or  other  temporary  purposes  shall  be  sound  and  free 
from  any  defects  that  may  impair  its  strength.  It  shall  be  pro- 
vided, placed  and  removed  at  the  Contractor's  own  cost  and  ex- 
pense. All  sheeting  and  timber  used  temporarily  shall  be  put  in 
place  by  skilled  mechanics,  keyed  tight  by  wedges  where  neces- 
sary, and  so  arranged  as  to  be  withdrawn  readily  without  endan- 
gering the  adjoining  soil. 

SECTION  No.  66.  Whenever  water  is  encountered  in  excava- 
tions, it  shall  be  removed  by  bailing  or  pumping,  great  care  being 
taken  when  pumping  that  the  surrounding  particles  of  soil  be 
not  disturbed  or  removed.  If  necessary  to  prevent  such  disturb- 
ances, the  pumping  must  be  done  by  a  series  of  driven  wells 
whose  points  are  protected  by  fine  wire  cloths,  the  rate  of  flow  at 
each  well  being  made  so  slow  as  not  to  remove  the  particles  of 
soil ;  or  the  pumping  must  be  done  by  other  means  approved  by 
the  Engineer.  The  discharge  from  all  pumps  shall  be  conducted 
into  the  adjacent  sewers  and  the  discharge  pipes  shall  be  so 
arranged  as  to  be  readily  inspected  at  all  times  to  ascertain  if 
the  water  is  free  from  particles  of  soil. 

SECTION  No.  67.  All  carts,  buckets  and  other  vehicles  used 
by  the  Contractor  for  the  removal  of  material  shall  be  tight  and 
so  arranged  and  so  loaded  as  not  to  spill.  Whenever  a  cart, 
bucket  or  other  vehicle  so  used  is  leaky  or  unsuitable  it  shall  be 
immediately  withdrawn  from  the  work  on  notification  by  the 
Engineer. 

SECTION  No.  68.  Excavated  material  shall  be  disposed  of  in 
any  place  selected  by  the  Contractor,  subject  to  the  ordinances 
and  regulations  of  the  City  authorities  governing  the  disposal 
of  such  material  and  the  regulations  of  the  United  States  Gov- 
ernment as  to  the  disposal  or  dumping  of  material  in  and  about 
or  near  the  Harbor  of  New  York. 

SECTION  No.  70.  Earth  excavation  includes  the  excavation  of 
all  materials  of  whatever  nature  encountered  in  the  excavation 
except  old  concrete. 

SECTION  No.  71.  The  ordered  net  lines  of  excavation  and  the 
measurements  for  payment  therefor  will  be  determined  as  fol- 
lows: 

38 


SPECIFICATIONS — EXCAVATION 

(1)  COLUMN  FOUNDATIONS,  RETAINING  WALLS  AND  PITS: 
In  excavation  for  column  foundations,  retaining  walls  and  pits, 
the  ordered  net  lines  of  excavation  and  the  measurements  therefor 
shall  include  the  total  volume  from  the  surface  of  the  street  or 
ground  to  the  bottom  of  the  column  foundation,  retaining  walls 
and  pits  within  vertical  planes  six  (6)  inches  outside  the  net  out- 
side lines  of  the  bottom  of  such  column  foundation,  retaining 
wall  or  pits,  as  ordered  or  indicated  on  the  drawings. 

(3)  SUBSURFACE  STRUCTURES:  In  excavation  for  subsur- 
face structures  required,  in  the  opinion  of  the  Engineer,  to  be 
removed,  relaid  or  reconstructed  in  other  than  their  original 
locations  or  otherwise  changed  because  of  their  physical  inter- 
ference with  column  foundations,  the  ordered  net  lines  of  exca- 
vation and  the  measurements  therefor  will  be  as  follows : 

(a)  ELECTRIC  DUCTS  AND  PIPE  CONDUITS  :  In  excava- 
tion for  electric  ducts  and  pipe  conduits,  the  ordered  net 
lines  of  excavation  and  the  measurements  therefor  shall  in- 
clude the  total  volume  from  the  street  surface  to  the  bottom 
of  ,such  ducts  or  pipe  conduits  within  vertical  planes  passing 
four  (4)  inches  outside  the  net  outside  lines  of  such  ducts 
or  pipe  conduits ;  provided,  however,  that  if  such  ducts  or 
pipe  conduits  shall  consist  of  a  single  conduit  or  a  group  of 
conduits  not  enclosed  in  concrete,  then  the  ordered  net  lines 
of  excavation  and  the  measurements  therefor  shall  include 
the  total  volume  from  the  street  surface  to  the  extreme 
bottom  of  such  single  conduit  or  group  of  conduits  within 
vertical  planes  one  (1)  foot  outside  the  net  outside  lines  of 
such  single  conduit  or  group  of  conduits. 

(b)  PIPES:  In  excavation  for  pipes  the  ordered  net 
lines  of  excavation  and  the  measurements  therefor  shall  in- 
clude the  total  volume  from  the  street  surface  to  a  depth 
of  six  (6)  inches  below  the  invert  of  the  pipe  within  a 
trench  two  (2)  feet  wider  than  the  interior  diameter  of  the 
pipe. 

(c)  MANHOLES:  In  excavation  for  manholes  the 
ordered  net  lines  of  excavation  and  the  measurements  there- 
for shall  include  the  total  volume  from  the  street  surface  to 

39 


•    .  SPECIFICATIONS EXCAVATION 

the  lowest  part  of  such  manhole  within  vertical  planes  one 
(1)  foot  outside  the  net  outside  lines  of  the  bottom  of  such 
manhole. 

At  the  intersection  of  two  trenches  or  at  the  intersection  of  a 
pipe  or  other  trench  with  an  excavation  made  by  the  Contractor 
under  orders  from  the  Engineer  for  any  purpose  whatsoever,  the 
cubical  contents  of  the  intersection  will  be  allowed  only  once. 
Under  no  circumstances  will  a  double  allowance  be  made  for  any 
excavation. 

No  deduction  from  the  amount  of  excavation  to  be  allowed 
as  aforesaid  will  be  made  on  account  of  vault  space  or  spaces 
occupied  by  pipes  or  other  subsurface  structures. 

SECTION  No.  72.  There  will  be  no  measurement  or  allowance 
made  nor  money  paid  for  excavation  outside  (below  or  wider 
than)  the  ordered  net  lines  of  excavation  as  indicated  in  Section 
No.  71 ;  and  no  allowance  will  be  made  for  any  excess  excavation 
caused  by  slips  or  slides.  It  is  understood  and  agreed  that  for  all 
such  matters  the  Contractor  has  estimated  and  allowed  in 
Schedule  Items. 

Any  excess  excavation  in  the  bottom  of  the  trench  for  column 
foundations  and  retaining  walls  below  the  net  line  of  excava- 
tion shall  be  replaced  by  concrete,  provided  and  placed  at  the 
Contractor's  own  expense,  and  any  excess  excavation  below  the 
subgrade  of  the  pit-s  and  the  space  between  the  pits  shall  be 
replaced  by  compacted  fill  provided  and  placed  at  the  Contractor's 
own  expense. 

SECTION  No.  73.  Excavation  will  be  paid  for  at  the 
prices  stipulated  in  Schedule  Items  1,  2  and  2-A. 

SECTION  No.  74.  The  prices  stipulated  for  excavation 
in  Schedule  Items  1,  2  and  2-A,  respectively,  shall  include 
the  cost  of  excavating,  of  the  disposal  of  the  materials  exca- 
vated, of  backfilling,  of  all  sheeting  and  bracing,  of  maintaining 
and  supporting  of  openings  during  and  after  excavation,  of  all 
pumping  and  bailing,  and  of  the  maintenance,  support,  re- 
moval and  reconstruction,  with  all  incidental  work,  labor  and 
material  of  any  kind,  of  all  subsurface  structures  and  surfaces 
of  whatever  nature  and  their  appurtenances,  payment  for 
which  is  not  herein  elsewhere  specifically  provided  for  under 
other  Schedule  Items  or  otherwise. 

40 


SUBDIVISION  6 
BACKFILLING 

SECTION  No.  75.  Excavations  shall  be  backfilled  with  sand, 
gravel  or  other  good,  clean  earth,  free  from  perishable  material 
and  from  stones  exceeding  six  (6)  inches  in  diameter,  and  not 
containing  in  any  place  a  proportion  of  stone  of  or  below  that 
size  exceeding  one  (1)  part  of  stone  to  five  (5)  parts  of  earth. 
The  filling  shall  be  compacted  by  flooding  with  water  or  by  ram- 
ming in  layers  not  exceeding  six  (6)  inches  in  depth,  as  required 
by  the  Engineer. 

SECTION  No.  76.  Whenever  pipes,  sewers,  or  other  subsurface 
structures  are  met,  the  filling  must  be  carefully  packed,  rammed 
and  tamped  under  and  about  such  subsurface  structures,  special 
tools  being  used  for  the  purpose.  No  filling  of  trenches  with 
frozen  earth  will  in  any  case  be  permitted  nor  will  any  filling  be 
permitted  over  frozen  material. 

SECTION  No.  77.  As  fast  as  the  work  of  filling  permits, 
sheeting  and  other  timber  supporting  the  sides  of  the  excavations 
shall  be  carefully  withdrawn  and  the  spaces  left  by  the  removal 
of  such  material  carefully  backfilled,  but  if  directed  by  the  Engi- 
neer the  sheeting  shall  be  left  in  place.  . 

SECTION  No.  78.  The  cost  of  backfilling  is  deemed  to  be 
included  in  the  prices  stipulated  for  excavation  in  Schedule 
Items  1,  2  and  2-A. 


41 


SUBDIVISION  7 
PILING  AND  TIMBERING 

•SECTION  No.  79.  The  Contractor  shall  drive  such  piles  as  the 
Engineer  directs.  Timber  piles  shall  be  of  yellow  pine,  spruce 
or  any  other  acceptable  timber  free  from  ring  shakes,  decay, 
large  knots  or  any  other  defects  that  will  impair  the  strength, 
durability  or  firmness  of  the  pile.  Piles  shall  be  trimmed  clear 
of  all  limbs  and  knots.  Every  pile  shall  be  so  straight  that  a 
straight  line  between  the  centers  of  each  end  of  the  pile  will  be 
within  the  body  of  the  pile ;  no  reverse  crooks  will  be  admissible. 
Piles  shall  be  not  less  than  twelve  (12)  inches  in  diameter  at  a 
distance  two  (2)  feet  from  the  butt  end  nor  less  than  six  (6) 
inches  in  diameter  at  the  point,  and  shall  be  driven  to  the  satis- 
faction of  the  Engineer  and  by  means  of  a  steam  hammer  driver 
if  so  required  by  him.  If  necessary  the  points  of  the  piles  shall 
be  protected  by  proper  shoes,  and  the  butts  by  rings  or  caps. 
Timber  piles  shall  not  be  spliced  unless  permitted  by  the  Engi- 
neer, and  then  in  such  manner  as  he  directs.  Piles  shall  be  care- 
fully cut  off  to  the  grade  given  by  the  Engineer. 

SECTION  No.  80.  Piles  shall  be  driven  in  the  position  and 
manner,  and  to  the  depth  ordered ;  if  driven  in  a  wrong  posi- 
tion or  injured  in  any  way  by  driving  they  shall  be  withdrawn 
and  replaced  by  others.  After  being  driven  they  shall  be  cut 
off  to  a  true  plane  for  proper  adjustment  with  capping  timber 
or  masonry.  The  piles  shall  be  driven  to  a  hard  bottom  or 
until  the  last  ten  (10)  blows  of  a  hammer  weighing  three  thou- 
sand (3,000)  pounds  falling  freely  from  a  height  fifteen  (15) 
feet  or  the  equivalent  will  not  drive  the  pile  more  than  one  (1) 
foot. 

SECTION  No.  81.  Timber  piles  will  be  paid  for  at  the  price 
stipulated  in  Schedule  Item  12,  which  price  shall  include  the 
cost  of  furnishing,  driving  and  preparing  the  piles  ready  for  the 
capping  timbers  or  masonry;  the  portion  cut  off  and  removed 
will  not  be  included  in  the  length  measured  for  payment.  No 
test  piles,  guide  piles,  or  piles  other  than  those  that  are  a  part  of 
the  finished  foundation  and  are  included  within  the  net  lines  of 
the  finished  foundation  will  be  paid  for. 

42 


SPECIFICATIONS PILING    AND    TIMBERING 

SECTION  No.  82.  If  in  the  judgment  of  the  Engineer  special 
conditions  so  require,  piles  of  reinforced  concrete  of  an  approved 
form  of  construction  shall  be  used.  Payment  for  piles  other 
than  timber  piles  will  be  made  as  provided  in  Article  XII. 

SECTION  No.  84.  Timber  grillage  foundations  shall  be  built 
if  so  directed  by  the  Engineer. 

SECTION  No.  85.  All  foundation  timber  shall  be  of  pine  or 
spruce,  or  other  timber  permitted  by  the  Engineer,  sound  and 
free  from  shakes.  It  shall  be  of  such  dimensions,  and  laid  in 
such  manner,  as  the  special  drawings  to  be  issued  shall  require, 
and  shall  be  held  in  place  by  spikes  or  good  seasoned  oak  or 
locust  treenails. 

SECTION  No.  86.  No  wastage  will  be  allowed  for,  and  the 
quantity  of  foundation  timber  paid  for  will  be  the  amount  ordered 
by  the  Engineer  and  placed  according  to  his  directions.  Payment 
for  foundation  timber  will  be  made  at  the  price  stipulated  in 
Schedule  Item  13. 

SECTION  No.  86-A.  Long  leaf  yellow  pine  sleepers  shall  be 
provided  and  set  under  the  track  rails  of  the  inspection  pits. 
They  shall  be  of  sizes  shown  on  the  contract  drawings  and 
shall  be  held  in  place  by  countersunk  anchor  bolts.  The 
timber  shall  be  dressed  four  (4)  sides  and  shall  be  free  from 
unsound,  loose  and  hollow  knots,  worni  holes  and  knot  holes 
and  any  other  imperfections  impairing  its  durability,  strength 
or  appearance,  and  shall  be  square-edge.  All  square  lumber 
shall  show  two-thirds  heart  on  two  (2)  sides  and  not  less 
than  one-half  (^)  heart  on  the  two  (2)  other  sides.  Other 
sizes  shall  show  two-thirds  (%)  heart  on  face  and  shall  show 
heart  two-thirds  of  length  on  edges,  excepting  when  the  width 
exceeds  the  thickness  by,three  (3)  inches  or  over,  then  it  shall 
show  heart  on  the  edge  for  one-half  (^)  the  length. 

Payment  for  yellow  pine  sleepers,  in  place,  will  be  made 
at  the  price  stipulated  in  Schedule  Item  13-F,  which  price 
shall  include  the  cost  of  all  work,  labor  and  materials  neces- 
sary or  incidental  to  setting  the  sleepers  to  proper  grade, 
relaying  the  existing  rails  on  same,  and  all  anchor  bolts, 
spikes  and  washers  necessary  to  fasten  the  rails  to  the  sleepers. 

43 


SUBDIVISION  8 
CEMENT 

SECTION  No.  87.  All  cement  used  in  the  work  shall  be  true 
Portland  cement,  by  which  is  meant  the  finely  pulverized  product 
resulting  from  the  calcination  to  incipient  fusion  of  a  properly 
proportioned  intimate  mixture  of  argillaceous  and  calcareous 
earths  or  rocks,  to  which  no  addition  greater  than  three  per 
centum  (3%)  has  been  made  subsequent  to  calcination. 

SECTION  No.  88.  Before  any  cement  is  furnished,  the  brand 
shall  receive  the  approval  of  the  Engineer.  Cement,  to  be 
acceptable,  shall  be  of  a  well-known  brand  which  has  been  in  suc- 
cessful use  for  large  engineering  works  in  America  for  at  least 
five  (5)  years,  and  which  has  an  established  reputation  for 
uniform  character.  Preference  will  be  given  to  cements  which, 
by  their  records,  show  a  tendency  to  maintain  high  strength  of 
mortar  with  increased  age. 

SECTION  No.  89.  Cement  shall  be  subject  to  inspection  at 
the  place  of  manufacture  or  on  the  work,  and  to  such  tests  as 
may  be  ordered  by  the  Engineer.  The  Engineer  or  his  repre- 
sentatives shall  have  access  at  all  times  and  places  to  inspect 
the  methods  of  manufacture,  storage  and  protection,  and  shall 
have  liberty  to  inspect  the  daily  laboratory  records  of  tests  and 
analyses  at  the  cement  works. 

SECTION  No.  90.  In  general,  tests  will  conform  to  the 
methods  recommended  by  the  .  Committee  on  Uniform  Tests 
of  Cement  of  the  American  Society  of  Civil  Engineers.  Unless 
otherwise  directed,  samples  will  be  taken  at  the  place  of  manu- 
facture by  a  representative  of  the  Engineer,  and  sent  to  the 
Commission's  laboratory,  where  the  tests  will  be  made.  If  re- 
quired, tests  will  be  made  on  the  individual  samples,  without 
intermixing. 

SECTION  No.  91.  The  cement  shall  have  a  specific  gravity 
of  not  less  than  3.10  nor  more  than  3.25  after  being  thoroughly 
dried  at  a  temperature  of  212  degrees  Fahr.  The  color  shall 
be  uniform,  bluish-gray,  free  from  yellow  or  brown  particles. 

44 


SPECIFICATIONS CEMENT 

SECTION  No.  92.  Chemical  analyses  of  cement  made  from 
time  to  time  shall  show  a  reasonably  uniform  composition. 
Cement  shall  contain  not  more  than  one  and  three-fourths  per 
centum  (134%)  of  sulphuric  anhydride  (SO3)  nor  more  than 
four  per  centum  (4%)  of  magnesia  (MgO). 

SECTION  No.  93.  The  fineness  of  the  cement  shall  be  such 
that  it  shall  leave  by  weight  a  residue  of  not  more  than  eight 
per  centum  (8% )  on  a  100-mesh  sieve  and  not  more  than 
twenty-five  per  centum  (25%)  on  a  200-mesh  sieve,  the  wires 
of  the  sieves  being  respectively  0.0045  and  0.0024  inch  in 
diameter. 

SECTION  No.  94.  It  shall  develop  initial  set  in  not  less  than 
thirty  (30)  minutes  unless  a  more  quickly-setting  cement  is 
specifically  required,  and  shall  develop  hard  set  in  not  less  than 
one  (1)  hour  nor  more  than  ten  (10)  hours. 

SECTION  No.  95.  Pats  of  neat  cement,  after  remaining  one 
(1)  day  in  moist  air,  shall  be  kept  in  air  or  water  of  normal  tem- 
perature for  at  least  twenty-eight  (28)  days,  or  shall  be  exposed 
to  an  atmosphere  of  steam,  above  boiling  water,  in  a  loosely 
closed  vessel  for  at  least  five  (5)  hours;  and  the  separate  pats 
under  any  of  these  conditions  shall  remain  hard  without  any 
indications  of  checking,  cracking,  distortion,  disintegration  or 
blotching. 

SECTION  No.  96.  Neat  cement  briquettes  shall  have  at  the 
end  of  one  (1)  day  in  moist  air  a  breaking  strength,  per  square 
inch  of  sectional  area,  of  not  less  than  one  hundred  and  fifty 
(150)  Ibs. ;  at  the  end  of  seven  (7)  days — one  (1)  day  in  air,  six 
(6)  days  in  water — of  not  less  than  five  hundred  (500)  Ibs.;  at 
the  end  of  twenty-eight  (28)  days — one  (1)  day  in  air,  twenty- 
seven  (27)  days  in  water — of  not  less  than  six  hundred  (600) 
Ibs.  The  strength  at  twenty-eight  (28)  days  shall  be  not  less 
than  that  at  seven  (7)  days. 

Mortar  briq.uettes,  composed 'of  one  (1)  part  of  cement  and 
three  (3)  parts  of  standard  Ottawa  sand,  by  weight,  shall  have 
at  the  end  of  seven  (7)  days — one  (1)  day  in  air,  six  (6)  days 
in  water — a  breaking  strength,  per  square  inch  •  of  sectional 

45 


SPECIFICATIONS CEMENT 

area,  of  not  less  than  two  hundred  (200)  Ibs. ;  and  at  the  end 
of  twenty-eight  (28)  days — one  (1)  day  in  air,  twenty-seven 
(27)  days  in  water — of  not  less  than  three  hundred  (300)  Ibs. 
The  strength  at  twenty-eight  (28)  days  shall  show  an  increase 
of  not  less  than  fifty  (50)  Ibs.  over  the  strength  at  seven  (7) 
days. 

SECTION  No.  97.  Tests  will  be  made  from  time  to  time  ex- 
tending over  longer  periods  than  twenty-eight  (28)  days.  If 
such  tests  show  a  tendency  to  unsoundness  or  unusual  reduc- 
tion in  strength  with  increased  age,  the  Engineer  shall  have 
the  right  to  prohibit  the  further  use  of  that  brand  and  to  re- 
quire that  another  brand  be  substituted. 

SECTION  No.  98.  All  cement  shall  be  held  in  storage  to 
allow  ample  time  for  tests  to  be  made  before  the  cement  is 
required  for  use  in  the  work. 

•  SECTION  No.  99.  Cement  shall  be  packed  and  delivered  in 
canvas  sacks  or  other  strong,  well-made  packages,  plainly  marked 
w'th  the  manufacturer's  brand  and  sealed  in  an  approved  man- 
ner. The  weight  of  such  package  shall  be  uniform. 

SECTION  No.  100.  The  Contractor  shall  at  all  times  keep 
in  store  on  the  work,  or  at  some  point  convenient  thereto,  a  suffi- 
cient supply  of  cement  to  guard  against  possible  shortage.  It 
shall  be  stored  in  a  weather-tight  building,  with  a  tight  floor  a 
proper  distance  above  the  ground,  and  with  suffi/cient  floor  space 
to  admit  of  storing  each  lot  of  cement  separately,  so  as  to  facili- 
tate identification  of  each  individual  lot  in  case  of  necessity  for 
further  tests  or  rejection.  Cement  that  has  become  partially 
set  or  otherwise  damaged  shall  not  be  used. 


46 


SUBDIVISION  9 
MORTAR 

SECTION  No.  101.  All  mortar  shall  be  prepared  from  cement 
and  sand,  approved  by  the  Engineer.  These  ingredients  shall 
be  thoroughly  mixed  dry  in  the  proportion  specified  below ;  suffi- 
cient water  shall  then  be  added  to  produce  a  stiff  paste.  Water 
used  in  mortar,  grout  or  concrete  shall  be  clean,  fresh  water. 
Salt  water  will  not  be  permitted.  The  mortar  shall  be  freshly 
mixed  for  the  work  in  hand,  in  proper  boxes  made  for  that  pur- 
pose, and  no  mortar  shall  be  used  that  has  stood  beyond  such 
limit  of  time  as  may  be  determined  by  the  Engineer. 

Sand  used  for  mortar  shall  be  clean  and  shall  be  graded  from 
fine  to  coarse  to  the  satisfaction  of  the  Engineer.  It  shall  con- 
tain no  grains  which  will  not  pass  a  one-fourth  (%)  inch  mesh 
sieve  nor  more  than  six  per  centum  (6%)  by  weight  which  will 
pass  a  100-mesh  sieve.  Sand  shall  be  of  such  quality  that  mor- 
tar composed  of  one  (1)  part  Portland  cement  and  three  (3) 
parts  sand  by  weight  will  have  a  tensile  and  compressive  strength 
equal  to  mortar  of  the  same  consistency  made  from  one  (1) 
part  of  the  same  kind  of  cement  and  three  (3)  parts  of  standard 
Ottawa  sand. 

SECTION  No.  102.  For  purposes  of  mixture,  three  hundred 
and  seventy-five  (375)  pounds  of  Portland  cement  shall  be  esti- 
mated at  three  and  one-half  (3%)  cubic  feet  of  volume.  The 
proportions  for  brick  masonry  shall  be  one  (1)  part  cement  to 
two  (2)  parts  sand  with  an  addition  of  ten  per  centum  (10%) 
of  hydrated  lime;  for  pointing,  one  (1)  part  cement  to  one  (1) 
part  sand;  for  concrete  masonry,  as  specified  under  the  head  of 
concrete;  and  for  other  classes  of  work,  as  directed  by  the 
Engineer. 


47 


SUBDIVISION  10 
MASONRY 

SECTION  No.  103.  All  masonry,  except  as  otherwise  speci- 
fied, shall  be  laid  in  Portland  cement  mortar,  and  shall  be  built 
to  the  forms  and  dimensions  shown  on  the  drawings,  or  as 
directed  by  the  Engineer  from  time  to  time;  and  the  system 
of  jointing  or  bonding  ordered  by  the  Engineer  shall  be  strictly 
followed. 

SECTION  No.  104.  Care  must  be  taken  that  no  water  shall 
interfere  with  the  proper  laying  of  masonry  in  any  of  its  parts. 

SECTION  No.  105.  During  freezing  weather  no  masonry  shall 
be  built  unless  properly  protected  against  frost,  and  masonry 
shall  not  be  built  in  exposed  places  where  in  the  opinion  of  the 
Engineer  it  is  impracticable  to  give  such  protection.  During 
freezing  weather  or  when  there  is  frost  in  the  materials  to  be 
used  in  the  masonry,  the  materials  shall  be  heated.  The  Con- 
tractor shall  provide  such  appliances,  subject  to  the  approval  of 
the  Engineer,  as  are  necessary  for  the  heating  of  the  sand,  stone 
and  other  materials. 

SECTION  No.  106.  During  freezing  weather  all  masonry 
shall  be  protected  by  a  suitable  covering  of  salt  hay,  canvas, 
tarpaulin  or  by  such  material  or  in  such  ways  as  may  be  necessary 
to  insure  it  against  freezing. 

SECTION  No.  107.  During  the  hot  weather  all  masonry, 
especially  concrete,  shall  be  kept  wet  by  sprinkling  and  properly 
covered  until  it  has  become  thoroughly  set  and  hardened. 

SECTION  No.  108.  Unless  otherwise  permitted,  every  joint 
that  is  to  be  pointed  shall  be  raked  out,  within  two  (2)  days 
after  being  laid,  to  a  depth  of  at  least  two  (2)  inches. 

SECTION  No.  109.  Pointing  of  the  face  joints  of  masonry 
shall  be  thoroughly  made  with  cement  mortar  mixed  in  the 
proportion  of  one  (1)  part  of  cement  to  one  (1)  part  of  sand, 
except  where  otherwise  specifically  provided. 

48 


SPECIFICATIONS MASONRY 

SECTION  No.  110.  No  pointing  shall  be  done  in  freezing 
weather,  and  masonry  laid  between  December  1st  and  April 
1st  shall  not  be  pointed  until  permitted  by  the  Engineer. 

SECTION  No.  111.  Any  masonry  which  is  found  to  be  de- 
fective from  any  cause  whatsoever,  before  the  final  comple- 
tion and  acceptance  of  the  work,  shall  be  removed  and  properly 
rebuilt,  or  if  damaged  during  such  time  shall  be  properly 
repaired. 


SUBDIVISION  11 
CONCRETE 

SECTION  No.  112.  The  concrete  shall  be  composed  of  gravel 
or  broken  stone,  or  a  mixture  of  both,  free  from  all  dust  and 
dirt,  mixed  with  the  proportion  of  mortar  specified  below.  The 
water  used  in  mixing  concrete  shall  be  clean,  fresh  water.  Salt 
water  will  not  be  permitted. 

SECTION  No.  113.  Sand  for  concrete  shall  be  of  the  kind 
specified  for  mprtar  in  Subdivision  9. 

SECTION  No.  114.  Stone  for  concrete  shall  be  sound,  clean 
gravel,  or  sound,  hard,  broken  limestone  or  trap  rock,  or  a  mix- 
ture of  such  gravel  and  broken  stone.  If  a  mixture  of  gravel 
and  broken  stone  is  used,  the  Engineer  may  require  that  the 
gravel  and  broken  stone  be  stored  separately  on  the  work  and 
mixed  in  single  batches  as  needed. 

SECTION  No.  115.  The  gravel  and  broken  stone  or  the  mix- 
ture of  gravel  and  broken  stone  shall  be  graded  from  fine  to 
coarse,  and  that  which  is  all  of  one  size,  or  practically  so,  shall 
not  be  used.  It  shall  be  screened  or  washed  so  as  to  remove  all 
dust,  and  it  shall  contain  no  pieces  that  will  pass  through  a  hole 
three-eighths  (%)  of  an  inch  in  diameter,  and  no  pieces  that  will 
not  pass  through  a  hole  one  and  three-fourths  (1^4)  inches  in 
diameter.  Broken  stone  or  gravel  for  concrete,  graded  as  above, 
but  between  three-eighths  (%)  and  three-fourths  (J4)  °f  an 
inch  in  diameter,  may  -be  required  and  used  in  special  parts  of 
the  work. 

Cinders  for  reinforced  concrete  shall  be  hard  coal  cinders, 
clean  and  thoroughly  burnt,  free  from  unburnt  coal  and  other 
impurities.  They  shall  be  as  free  as  possible  from  sulphur.  The 
cinders  shall  be  broken,  if  necessary,  to  a  size  of  not  more  than 
three-fourths  (%)  inch,  and  shall  be  screened  to  remove  all 
fine  dust. 

SECTION  No.  116.  In  concrete  where  the  thickness  is  thirty 
(30)  inches  or  more,  if  permitted  by  the  Engineer,  the  Contractor 
may  imbed  pieces  of  clean,  sound  stone  whose  greatest  diameter 
does  not  exceed  twelve  (12)  inches  and  whose  least  diameter  or 

50 


SPECIFICATIONS  —  CONCRETE 


thickness  is  not  less  than  three-fourths  (£4)  of  the  greatest  diam- 
eter. These  stones  shall  be  set  by  hand  in  the  concrete  as  the 
layers  are  being  rammed,  and  shall  be  so  placed  that  each  stone 
is  completely  and  perfectly  imbedded.  No  two  (2)  stones  shall 
be  within  six  (6)  inches  of  each  other  and  no  stones  within  four 
(4)  inches  of  an  exposed  face,  nor  shall  any  such  stone  be  placed 
nearer  than  six  (6)  inches  to  any  reinforcing  metal  built  in  the 
concrete. 

SECTION  No.  117.  The  proportions  of  sand  and  stone  (or 
gravel)  and  cinders  used  in  making  concrete  shall  be  by  volume 
as  cast  into  the  measuring  box.  Concrete  shall  be  as  follows  : 
For  foundations,  retaining  walls  and  floors,  one  (  1  )  part  cement, 
two  and  one-half  (2l/2)  parts  sand  and  five  (5)  parts  stone;  for 
reinforced  concrete  roof  construction,  one  (1)  part  cement,  two 
(2)  parts  sand  and  five  (5)  parts  steam  cinders;  for  inspection 
pits,  one  (1)  part  cement,  three  (3)  parts  sand  and  six  (6)  parts 
cinders. 

SECTION  No.  118.  Whenever  practicable,  concrete  shall  be 
machine  mixed.  A  rotary  machine  of  a  pattern  approved  by  the 
Engineer,  and  mixing  only  one  batch  at  a  time,  shall  be  used. 

SECTION  No.  119.  When  concrete  is  mixed  by  hand  the  stone 
or  gravel  or  cinders  shall  be  spread  on  a  platform  in  a  bed  about 
six  (6)  inches  thick,  and  shall  be  thoroughly  wet.  Sand  shall  be 
spread  on  a  platform  and  the  requisite  portion  of  cement  spread 
on  the  sand.  After  thoroughly  mixing  the  cement  and  sand  the 
dry  mixture  thus  formed  shall  be  spread  evenly  over  the  bed  of 
stone  or  cinders,  wet  as  above,  and  the  whole  turned  over  until 
thoroughly  mixed,  but  not  less  than  four  (4)  turnings  on  the 
mixing  board  will  be  allowed  in  any  case,  water  being  added  as 
necessary.  Care  shall  be  taken  to  keep  the  bed  of  concrete  wet 
and  avoid  piling. 

SECTION  No.  120.  Concrete  shall  be  placed  immediately  after 
mixing  in  layers  of  such  thickness  as  may  be  directed  by  the 
Engineer,  and  shall  be  thoroughly  compacted  throughout  the 
mass  by  ramming  or  spading,  special  tamping  bars  or  tools  being 
used  as  approved  by  the  Engineer.  The  amount  of  water  used  in 

51 


SPECIFICATIONS CONCRETE 

making  the  concrete  shall  be  as  approved  by  the  Engineer.  If  a 
small  amount  of  water  has  been  used  in  mixing,  ramming  shall 
be  continued  until  the  water  flushes  to  the  surface ;  as  a  rule, 
however,  concrete  shall  be  placed  wet. 

SECTION  No.  121.  Concrete  shall  be  allowed  to  set  for  twelve 
(12)  hours,  or  more,  if  so  directed,  before  any  work  shall  be  laid 
upon  it ;  and  no  walking  over  or  working  upon  the  concrete  shall 
be  allowed  while  it  is  setting.  Concrete  shall  not  be  flooded  with 
water  before  it  has  thoroughly  set. 

SECTION  No.  122.  Before  laying  concrete  the  earth  shall  be 
rammed  as  directed. 

SECTION  No.  123.  Wherever  a  section  of  concrete  is  neces- 
sarily left  unfinished,  leaving  a  surface  which  will  be  hard  set 
before  additional  concrete  can  be  laid,  care  shall  be  taken  to  flush 
the  cement  to  such  surface,  and  such  dovetails  or  grooves  shall 
be  formed  as  may  be  necessary  to  insure  a  good  bond  with  the 
new  work;  and  if  deemed  necessary  by  the  Engineer,  the  joints 
shall  be  reinforced  with  steel  bars  or  dowels,  furnished  and  placed 
by  the  Contractor  at  his  own  expense. 

SECTION  No.  124.  In  all  cases  of  joining  old  with  new  work 
the  old  surfaces  shall  be  thoroughly  cleaned  and  wet,  and,  if  re- 
quired, a  coating  of  mortar  or  cement  shall  be  applied  before 
placing  the  concrete. 

SECTION  No.  125.  Suitable  forms  shall  be  provided  by  the 
Contractor  to  support  the  concrete  while  it  is  being  placed.  These 
forms  shall  be  immediately  replaced  by  new  ones  as  soon  as  they 
commence  to  lose  their  proper  shape.  Before  being  used  they 
shall  be  carefully  cleaned  of  cement  and  dirt  in  order  to  insure 
a  perfectly  smooth  surface  on  the  concrete  which  is  to  remain 
exposed.  The  forms  shall  be  made  of  wood,  kept  carefully 
planed,  or  made  of  metal  sufficiently  thick  to  enable  them  to 
retain  their  shape  without  the  use  of  wood 

No  forms  made  of  wood  covered  with  sheet  iron  will  be 
permitted. 

52 


SPECIFICATIONS CONCRETE 

SECTION  No.  126.  The  joints  in  forms  shall  be  water-tight. 
If  forms  are  made  of  wood,  the  boards  shall  be  tongued  and 
grooved  where  required  by  the  Engineer. 

Every  precaution  shall  be  taken  to  construct  the  forms  in 
•such  a  manner  as  will  insure  a  smooth  and  even  surface  on 
concrete  which  is  to  remain  exposed. 

SECTION  No.  127.  Forms  shall  be  set  true  to  line,  firmly 
secured,  and  shall  be  so  tight  as  to  prevent  water  in  the  mortar 
from  escaping;  they  shall  be  thoroughly  wet  before  the  concrete 
is  placed  and  shall  be  removed  as  soon  after  the  concrete  has 
been  placed  as  in  the  judgment  of  the  Engineer  may  be  done 
with  safety  to  the  work.  Immediately  on  the  removal  of  the 
forms  the  faces  that  will  remain  exposed  shall  be  carefully  ex- 
amined and  any  irregularities  of  the  surface  corrected;  projec- 
tions shall  -be  removed  and  voids  shall  be  filled  with  mortar.  If, 
however,  the  voids  are  such  as  to  indicate  an  excessive  loss  of 
mortar,  portions  of  the  concrete  shall  be  cut  out  to  the  fullness 
of  such  defects  and  this  space  shall  be  refilled  with  a  rich  con- 
crete or  mortar  in  such  proportions  and  in  such  manner  as  the 
Engineer  may  direct. 

SECTION  No.  128.  Where  reinforcing  steel  or  wire  mesh  is 
used,  efficient  means  shall  be  provided  to  maintain  it  in  the  exact 
position  it  is  to  occupy  in  the  completed  work,  and  to  prevent  it 
ftom  becoming  dislodged  or  moved  in  any  manner  while  concrete 
is  being  placed. 

SECTION  No.  129.  Exposed  faces  of  concrete  shall  be  left 
with  the  natural  concrete  finish,  the  object  in  view  being  to  ob- 
tain a  generally  smooth  finished  surface  of  uniform  color.  Im- 
mediately following  the  removal  of  the  forms,  the  removal  of 
the  projections  and  the  filling  of  voids  as  provided  above,  the 
exposed  surfaces  shall  be  rubbed  down  in  such  a  manner,  ap- 
proved by  the  Engineer,  as  will  insure  this  result. 

It  is  intended  to  obtain  concrete  impervious  to  water;  the 
concrete  shall  be  mixed  and  deposited  with  this  end  in  view. 

The  roof  slab  shall  be  made  of  cinder  concrete  reinforced 
with  approved  wire  mesh  as  shown  on  the  drawings.  The  sur- 
face shall  be  finished  in  proper  condition  to  receive  the  water- 

53 


SPECIFICATIONS CONCRETE 

proofing.  On  top  of  the  roof  slab  a  six  (6)  inch  cinder  concrete 
curb  shall  be  built  at  every  skylight  opening  as  indicated  on  the 
drawings,  and  provision  shall  be  made  for  anchoring  the  sky- 
lights securely  in  place.  The  interior  exposed  surface  of  the 
concrete  shall  be  neatly  finished  and  the  roof  waterproofing  shall 
be  run  up  to  and  over  the  top  of  the  curb  and  protected  with  four 
(4)  inches  of  cinder  concrete,  as  shown  on  the  drawings. 

Concrete  floors  with  cement  finish  shall  be  built  as  shown  on 
the  drawings.  The  subgrade  shall  be  first  prepared  for  placing 
this  floor  by  removing  the  ballast  and  other  foreign  matter ;  good 
earth  fill  shall  be  provided  if  necessary,  and  tamped  in  order  to 
bring  the  subgrade  to  the  proper  level  to  receive  the  floor.  Before 
the  concrete  has  set  a  one  (1)  inch  layer  of  cement  shall  be 
spread  over  its  surface  and  well  floated  to  grade  in  order  to  fill 
all  hollows,  and  the  top  shall  be  divided  into  squares  and  troweled 
to  a  smooth,  uniform  and  hard  finish.  Expansion  joints  shall  be 
provided  where  directed  by  the  Engineer. 

The  floor  of  the  blacksmith  shop  shall  be  constructed  of 
steam  cinders  well  tamped  and  laid  to  a  thickness  of  seven  (7) 
inches. 

Inspection  pits  shall  be  built  of  cinder  concrete,  as  shown  on 
the  drawings.  The  electric  conduits,  anchor  bolts  and  recesses 
for  electric  lights  shall  be  placed  as  shown. 

Cement  copings,  consisting  of  one  (1)  part  cement  and  one 
(1)  part  sand,  shall  be  placed  on  the  walls  of  the  Shop  as  shown, 
and  the  surfaces  shall  be  thoroughly  troweled. 

SECTION  No.  130.  All  concrete  masonry  will  be  measured  in 
place  in  the  work  to  the  prescribed  net  lines  ordered  by  the  En- 
gineer and  concrete  in  column  foundations  and  retaining  walls 
will  be  paid  for  at  the  price  stipulated  in  Schedule  Item  6, 
which  price  shall  include  the  cost  of  all  scaffolding,  centers, 
forms,  etc.,  and  removing  the  same,  all  troweling  where  re- 
quired, and  all  other  incidental  work,  labor  and  material. 

Payment  for  the  cinder  concrete  roof  slab  will  be  made 
at  the  price  stipulated  in  Schedule  Item  762-E(d),  which  price 
shall  include  the  cost  of  all  scaffolding,  centers,  forms  and  remov- 
ing the  same,  all  reinforcement,  all  troweling  where  required, 
and  all  other  work,  labor  and  material  necessary  or  incidental  to 
installing  the  roof  slabs  in  place. 

Payment  for  the  cinder  concrete  curbs  at  skylights  will 

54 


SPECIFICATIONS CONCRETE 

be  made  at  the  price  stipulated  in  Schedule  Item  762-E(e), 
which  price  shall  include  the  cost  of  all  work,  labor  and  material 
necessary  or  incidental  to  constructing  the  curbs  in  place. 

Payment  for  concrete  floors  will  be  made  at  the  price 
stipulated  in  Schedule  Item  762-E(a),  which  price  shall  include 
the  cost  of  preparing  the  subgrade,  all  necessary  fill,  tamping 
and  all  other  work,  labor  and  material  necessary  or  incidental 
to  the  completion  of  the  floors,  except  excavation,  which  will 
be  paid  for  at  the  price  stipulated  in  Schedule  Item  1. 

Payment  for  the  cinder  floor  in  the  blacksmith  shop  will 
be  made  at  the  price  stipulated  in  Schedule  Item  762-E(f), 
which  price  shall  include  the  cost  of  preparing  the  subgrade, 
all  necessary  fill,  tamping  and  all  other  work,  labor  and 
material  necessary  or  incidental  to  the  completion  of  the 
floor,  except  excavation,  which  will  be  paid  for  at  the  price 
stipulated  in  Schedule  Item  1. 

Payment  for  cement  copings  will  be  made  at  the  price 
stipulated  in  Schedule  Item  762-E(c),  which  price  shall  include 
the  cost  of  troweling  and  all  other  work,  labor  and  material 
necessary  or  incidental  to  the  completion  of  the  copings  in 
place. 

Payment  for  cinder  concrete  for  inspection  pits  will  be 
made  at  the  price  stipulated  in  Schedule  Item  762-E(g),  which 
price  shall  include  the  cost  of  all  forms  and  removing  same, 
making  recesses  for  electric  lights,  placing  conduits  and  anchor 
bolts,  and  for  all  work,  labor  and  material  necessary  or  inci- 
dental to  the  completion  of  the  inspection  pits. 

Payment  for  one  (1)  inch  cement  floor  finish  will  be  made 
at  the  price  stipulated  in  Schedule  Item  762-E(b)  which 
price  shall  include  the  cost  of  troweling  and  all  other  work,  labor 
and  material  necessary  or  incidental  to  the  completion  of  the  floor 
finish. 


55 


SUBDIVISION  12 
BRICK  MASONRY 

SECTION  No.  131.  Bricks  for  masonry  shall  be  of  the  best 
quality  common  bricks,  burned  hard  entirely  through,  regular  and 
uniform  in  shape  and  size  and  of  compact  texture. 

SECTION  No.  132.  All  brick  masonry  shall  be  laid  in  mortar 
of  the  quality  described  in  Subdivision  9.  The  bricks  shall  be 
laid  to  line  with  joints  in  the  face  work  not  exceeding  one-fourth 
(*4)  of  an  inch  in  the  beds,  and  three-eighths  (%)  of  an  inch 
on  ends;  the  bricks  shall  be  thoroughly  wet  before  laying  and 
shall  be  completely  imbedded  in  mortar  under  the  bottom  and 
on  the  sides  and  ends  at  one  operation,  care  being  taken  to  have 
every  joint  full  of  mortar. 

All  exterior  surfaces  shall  be  smooth  and  regular. 

SECTION  No.  133.  The  inside  faces  of  all  walls  and  other 
exposed  parts  shall  have  all  the  mortar  scraped  off,  shall  be 
washed  clean  immediately  after  the  centers  have  been  struck, 
and  shall  be  pointed  and  left  in  neat  condition.  The  inside  faces 
of  brick  walls  shall  be  smooth  pointed,  ready  for  painting.  The 
brick  work  enclosing  structural  columns  shall  be  flushed  full  of 
mortar,  filling  all  spaces  between  the  steel  and  the  brick  walls. 

SECTION  No.  134.  All  bricks  of  whatever  nature  shall  be  care- 
fully culled  and  if  necessary  gauged  before  laying,  at  the  expense 
of  the  Contractor.  No  "bats"  shall  be  used  except  in  large  masses 
of  brick  work,  where  a  moderate  proportion,  to  be  determined  by 
the  Engineer,  may  be  used,  but  nothing  smaller  than  half  bricks. 

All  unfinished  work  shall  be  racked  back  or  toothed,  as  directed 
by  the  Engineer,  and  before  new  work  is  joined  to  it  the  faces 
of  the  brick  in  the  old  work  shall  be  scraped  entirely  clean, 
scrubbed  with  a  stiff  brush  and  well  moistened. 

SECTION  No.  135.  Brick  masonry  will  be  measured  in  place 
to  the  lines  indicated  and  shown  on  the  drawings  or  as  ordered 
by  the  Engineer  and  will  be  paid  for  at  the  price  stipulated  in 
Schedule  Item  9,  which  price  shall  include  the  cost  of  all  scaf- 
folding, forms,  centers,  etc.,  and  the  removal  of  the  same,  of 
all  plastering  and  pointing  and  of  all  other  incidental  work, 
labor  and  material. 

56 


SUBDIVISION  13 
STEEL  AND  IRON 

SECTION  No.   137.     Steel  shall  be  made  by  the  open-hearth 
process. 

SECTION  No.  138.     The  chemical  and  physical  properties  of 
finished  material  shall  conform  to  the  following  limits : 


Properties-. 

Structural 
Steel. 

Rivet 
Steel. 

Steel 
Castings. 

Phos.  (Max.)  
Sulph.      "       
Mn.         "       
Si.            "       

.04% 
•  05% 
.60% 
.10% 

.04% 
.04% 
.60% 
.10% 

.05% 
.05% 
.80% 
35% 

Ult.  Str. 

60000  +  4000 

50000  +  4000 

65000  (Min.) 

Yield  Point  (Min.) 

55%  Ult. 

55%  Ult. 

35000 

Elongation,    Min.    %    in    8 
inches 

1500000 

1500000 

Elongation,    Min.    %   in    2 
inches  

Ult.  Ten.  Str. 

Ult.  Ten.  Str. 

20% 

Fracture  
Cold   Bends  without   Frac- 
ture   

Silky. 
180°  flat. 

Silky. 
180°  flat. 

Silky,  or 
Fine  granular 
120°  (d.=3t.) 

Stock  material  may  be  substituted  for  the  above  steel  if  approved  by  the 
Engineer. 

SECTION  No.  139.  The  yield  point  shall  be  that  strain  beyond 
which  the  elongation  ceases  to  be  proportional  to  the  weight  im- 
posed, and  may  be  indicated  by  drop  of  beam.  The  speed  of 
testing  shall  be  governed  by  the  Inspector. 

SECTION  No.  141.  Chemical  determinations  of  the  percent- 
ages of  carbon,  phosphorus,  sulphur  and  manganese  shall  be 
made  by  the  manufacturer  from  a  test  ingot,  so  taken  during  the 
casting  of  each  melt  of  steel  as  to  fairly  represent  the  melt.  Two 
(2)  copies  of  such  analyses  shall  be  furnished  to  the  Engineer 
or  the  Inspector. 


57 


SPECIFICATIONS STEEL   AND   IRON 

SECTION  No.  142.  Sample  pieces  for  tensile  and  bending  tests 
of  plates,  shapes  and  bars  shall  be  cut  from  such  portions  of  the 
finished  product  of  each  melt  as  the  Inspector  may  designate,  and 
shall  be  stamped  by  him;  they  shall  have  both  faces  rolled  and 
both  edges  milled  to  the  usual  form  of  a  standard  test  specimen, — 
one  and  one-half  (1J^)  inches  wide  on  a  gauged  length  of  nine 
(9)  inches — or  with  both  edges  parallel.  The  area  of  the  mini- 
mum section  shall  be  not  less  than  one-half  (J4)  square  inch. 

SECTION  No.  146.  Rolled  steel  shall  be  tested  in  the  condi- 
tion in  which  it  comes  from  the  rolls. 

SECTION  No.  147.  At  least  one  tensile  and  one  bending  test 
shall  be  made  from  each  melt  of  steel  as  rolled.  In  case  steel 
differing  three-eighths  (%)  of  an  inch  or  more  in  thickness  is 
rolled  from  one  melt,  a  test  shall  be  made  from  the  thickest  and 
from  the  thinnest  material  rolled. 

SECTION  No.  148.  If  the  above  tests  do  not  fulfill  the  re- 
quirements of  these  specifications,  duplicate  tests  may  be  made  at 
the  discretion  of  the  Inspector,  he  selecting  and  stamping  the 
duplicate  test  pieces.  If  these  retests  meet  all  the  requirements, 
the  melt  shall  be  accepted. 

SECTION  No.  151.  Sufficient  discard  shall  be  made  to  insure 
sound  material  free  from  piping. or  excessive  segregation.  The 
material  shall  be  finished  straight  and  smooth,  and  shall  be  free 
from  all  seams,  flaws,  cracks,  defective  edges  or  other  defects. 
Any  imperfection  which  may  develop  during  the  progress  of  the 
work  will  be  sufficient  cause  for  rejection. 

SECTION  No.  152.  Every  finished  piece  of  steel  shall  have 
the  melt  number  and  the  name  of  the  manufacturer  stamped  or 
rolled  upon  it.  Bars  for  reinforcing  concrete,  rivet  and  lattice 
steel,  and  other  small  parts,  may  be  bundled  with  the  above  marks 
on  an  attached  metal  tag. 

SECTION  No.  153.  A  variation  in  weight  or  cross-section  of 
any  piece  of  steel  of  more  than  two  and  one-half  per  centum 
(2y2%)  from  that  specified  shall  be  sufficient  cause  for  rejection, 
except  in  case  of  sheared  plates  exceeding  one  hundred  (100) 
inches  in  width,  where  the  variation  may  be  five  per  centum 
(5%). 

58 


SPECIFICATIONS STEEL    AND    IRON 

SECTION  No.  154.  Material  which,  subsequent  to  the  above 
tests  at  the  mills  and  its  acceptance  there,  develops  weak  spots, 
brittleness,  cracks  or  other  imperfections,  or  is  found  to  have 
injurious  defects,  will  be  rejected  at  the  shop  and  shall  be  replaced 
by  the  manufacturer  at  his  own  cost. 

SECTION  No.  155.  The  Engineer  shall  be  furnished  with  com- 
plete copies  in  triplicate  of  all  mill  orders,  and  no  material  shall 
be  rolled  or  work  done  until  the  Engineer  has  been  notified  so 
that  he  may  arrange  for  the  inspection. 

The  Engineer  shall  be  furnished  with  complete  copies  of  ship- 
ping invoices,  in  triplicate,  with  each  shipment.  Each  invoice 
shall  show  the  scale  weight  of  each  individual  piece. 

SECTION  No.  156.  The  Contractor  shall  furnish,  without  extra 
charge,  such  standard  test  pieces  as  may  be  necessary  to  determine 
the  uniform  quality  of  the  material  and  also  the  use  of  a  reliable 
testing  machine,  with  the  necessary  labor  for  testing. 

WROUGHT  IRON 

SECTION  No.  157.  All  wrought  iron  shall  be  double  rolled, 
tough,  fibrous  and  uniform  in  character.  It  shall  be  thoroughly 
welded  in  rolling  and  shall  be  free  from  surface  defects. 

SECTION  No.  158.  The  methods  specified  for  testing  rolled 
steel  shall  apply  generally  to  wrought  iron.  Standard  test  speci- 
mens shall  show  an  ultimate  strength  of  at  least  fifty  thousand 
(50,000)  pounds  per  square  inch,  and  an  elongation  of  at  least 
eighteen  per  centum  (18%)  in  eight  (8)  inches,  with  fracture 
wholly  fibrous.  Specimens  shall  bend  cold  with  the  fibre,  through 
one  hundred  and  thirty-five  degrees  (135°),  without  sign  of 
fracture,  with  inner  radius  not  to  exceed  the  thickness  of  the 
piece  tested.  When  nicked  and  bent  the  fracture  shall  show  at 
least  ninety  per  centum  (90%)  fibrous. 

CAST  IRON 

SECTION  No.  159.  Cast  iron  shall  be  tough,  gray  iron  made 
by  the  cupola  process  and  shall  contain  not  more  than  six-tenths 

59 


SPECIFICATIONS — STEEL   AND   IRON 

per  centum  (0.6%)  of  phosphorus  and  not  more  than  twelve- 
one-hundredths  per  centum  (0.12%)  of  sulphur.  No  mill  cinder 
iron,  white  or  burnt  iron  or  scrap  of  any  kind  will  be  permitted 
in  the  composition. 

SECTION  No.  160.  The  quality  of  the  iron  entering  into  cast- 
ings shall  be  determined  by  means  of  the  "Arbitration  Bar." 
This  is  a  bar  one  and  one-fourth  (1/4)  inches  in  diameter  and 
fifteen  (15)  inches  long,  cast  under  the  same  circumstances  as 
those  which  attended  the  casting  of  the  full-sized  piece.  This 
bar  shall  sustain  at  the  center,  when  resting  upon  two  dull  knife 
edges  twelve  (12)  inches  apart,  a  load  of  three  thousand  (3000) 
pounds  with  a  deflection  of  at  least  one-tenth  (0.10)  of  an  inch 
before  rupture. 

Two  (2)  sets  of  two  (2)  bars  shall  be  cast  from  each  heat; 
one  set  from  the  first  and  the  other  set  from  the  last  iron  enter- 
ing into  the  castings.  Each  set  of  two  (2)  bars  shall  be  made  in 
a  single  mold. 

SECTION  No.  161.  Castings  shall  be  sound,  true  to  pattern, 
free  from  cracks,  flaws  and  excessive  shrinkage,  and  shall  have 
smooth,  clean  surfaces.  They  shall  be  neatly  chiseled  and  wire- 
brushed  before  leaving  the  foundry.  Castings  which  do  not  ac- 
curately conform  to  dimensions  on  the  drawings  will  be  rejected. 
Each  casting  shall  have  its  distinguishing  letter  or  number  cast 
on  it  at  the  place  indicated  on  the  drawings. 

WORKMANSHIP 

SECTION  No.  162.  The  workmanship  shall  be  equal  to  the 
best  practice  in  modern  bridge  works. 

Shearing  and  chipping  shall  be  neatly  and  accurately  done 
and  all  portions  of  the  work  exposed  to  view  neatly  finished.  All 
nuts  exposed  to  view  on  the  final  structure  shall  be  hexagonal. 
Lattice  bars  shall  have  neatly  rounded  ends,  concentric  with  rivet 
holes. 

SECTION  No.  163.  All  materials  shall  be  straightened  in  the 
shop  before  being  worked  in  any  way  and  again  straightened  after 
punching  and  before  assembling,  if  required  by  the  Engineer 
or  Inspector. 

60 


SPECIFICATIONS STEEL   AND   IRON 

SECTION  No.  184.  Rods  and  bars  to  be  used  for  reinforcing 
concrete  shall  be  deformed  as  approved  by  the  Engineer;  plain 
bars  will  not  be  used. 

SECTION  No.  185.  Bent  rods  shall  be  bent  uniformly  to 
template  in  a  machine  or  press  approved  by  the  Engineer.  They 
may  be  bent  either  at  the  shop  or  on  the  work.  In  special  cases 
bending  hot  and  annealing  may  be  required. 

SECTION  No.  186.  Nuts,  bolts,  rivets  and  other  similar  mate- 
rial shall  be  boxed. 

SECTION  No.  187.  The  scale  weight  shall  be  plainly  marked 
upon  every  piece  and  box. 

SECTION  No.  188.  Free  access  and  information  shall  be  given 
by  the  Contractor  for  a  thorough  inspection  of  material  and 
workmanship. 

SECTION  No.  189.  The  Inspector  shall  make  detailed  reports 
of  his  inspection  to  the  Engineer  and  may  notify  the  Contractor 
of  any  defects  in  the  material  or  workmanship,  but  all  accept- 
ances made  by  him  shall  be  considered  temporary,  and  his 
inspection  shall  in  no  way  relieve  the  Contractor  of  full  respon- 
sibility for  the  character  and  accuracy  of  the  work. 

SECTION  No.  190.  The  Contractor  shall  be  responsible  for 
all  errors  which  can  be  discovered  by  checking  or  examining  the 
drawings. 

SECTION  No.  191.  The  Contractor  shall  furnish  for  the  use 
of  the  Inspector  a  suitably  equipped  office  at  the  mills  and  at  the 
shops. 

SECTION  No.  192.  All  parts  shall  be  carefully  loaded,  un- 
loaded and  protected  from  injury  during  transportation  by  such 
means  as  will  be  satisfactory  to  the  Inspector.  Trucks  for  trans- 
porting steel  shall  be  of  the  underslung  or  other  approved  design 
and  shall  be  equipped  with  skids  and  jacks.  Steel  shall  be  lowered 

61 


SPECIFICATIONS STEEL   AND   IRON 

gently  and  not  dropped.  After  delivery  of  materials  at  the  work 
the  Contractor  will  be  required  to  store  such  materials  on  skids  at 
least  twelve  (12)  inches  above  the  ground  and  to  keep  such 
materials  in  good  condition.  Any  piece  showing  injurious  effects 
of  rough  handling  at  any  stage  before  the  final  acceptance  of  the 
work  may  be  rejected. 

SECTION  No.  193.  Payment  for  new  steel  will  be  made  at 
the  prices  stipulated  in  Schedule  Items  19  and  20.  The 
price  stipulated  in  Schedule  Item  20  shall  include  the  cost  of  all 
single  beams  or  shapes,  whether  milled  or  otherwise,  with  or 
without  connections  or  other  end  details.  These  prices  shall 
include  the  cost  of  material  delivered  and  erected  in  the  work, 
of  all  necessary  cleaning  and  painting  (where  painting  is  re- 
quired) and  of  all  other  incidental  work.  The  quantity  of 
metal  to  be  paid  for  shall  be  the  weight  actually  placed  in 
accordance  with  the  drawings  or  orders.  The  price  stipulated 
in  Schedule  Item  19  shall  also  include  the  cost  of  the  main- 
tenance,, support,  removal  and  reconstruction,  with  all  inci- 
dental work,  labor  and  material,  etc.,  of  all  surface  and  over- 
head structures  of  whatever  nature  and  their  appurtenances, 
payment  for  which  is  not  herein  elsewhere  specifically  pro- 
vided for  under  other  Schedule  Items. 

For  miscellaneous  iron  castings,  such  as  new  manhole 
heads  and  covers,  gratings,  etc.,  payment  will  be  made  at 
the  price  stipulated  in  Schedule  Item  25,  which  price  shall  in- 
clude the  cost  of  the  material  delivered  and  erected  in  the  work, 
also  the  cost  of  all  necessary  cleaning  and  painting  (where  paint- 
ing is  required)  and  of  all  other  incidental  work,  labor  and 
material. 

Crane  runway  rails,  weighing  seventy  (70)  pounds  per  yard 
may  be  required  to  be  provided  and  set  in  place  on  top  of  each 
row  of  crane  runway  girders.  These  rails  shall  be  of  the  same 
shape  and  height  as  the  existing  rail  for  the  crane  runway  in  the 
existing  shops.  Rail  splices  and  bolts  and  cast-iron  rail  clips  with 
bolts  and  wrought-iron  washers  eccentrically  punched  for  ad- 
justment shall  also  be  provided,  similar  to  those  now  on  the 
existing  rail  above  mentioned. 


62 


SPECIFICATIONS STEEL   AND   IRON 

Payment  for  providing  and  setting  the  crane  runway  rails, 
in  place,  will  be  made  at  the  price  stipulated  in  Schedule  Item 
850-AA(d),  which  price  shall  include  the  cost  of  all  rail  splices, 
bolts,  rail  clips,  drilling  holes,  washers,  etc.,  and  all  other  work, 
labor  and  material  necessary  or  incidental  to  installing  the 
rails  in  place. 


63 


SUBDIVISION  14 
PAINTING. 

SECTION  No.  195.  All  metal  work,  except  as  otherwise 
herein  provided,  shall  be  painted  with  three  (3)  coats  of  paint, 
as  follows :  shop .  coat,  second  coat  and  finishing  coat. 

SECTION  No.  196.  Paint  shall  be  subject  to  inspection  at  the 
place  of  manufacture  and  to  such  tests  as  may  be  ordered  by  the 
Engineer.  The  Engineer  shall  have  access  at  all  times  to  all 
places  to  inspect  the  methods  of  manufacture,  and  shall  have 
liberty  to  inspect  the  daily  laboratory  records  and  analyses  of  all 
such  paints  as  are  subject  to  his  inspection. 

The  Contractor  shall  furnish  all  facilities  required  for  the 
proper  inspection  of  the  paint  and  its  manufacture.  All  contain- 
ers will  be  sealed  by  the  Inspector  at  the  time  of  inspection. 

SECTION  No.  197.  All  proportions  mentioned  in  this  specifi- 
cation are  by  weight,  except  when  otherwise  noted. 

SECTION  No.  198.     The  paint  formulae  are  as  follows : 
PAINT  FORMULAE. 

Shop  Coat      Second  Coat    Finishing  Coat 

Pigment    500  pounds  37%  30% 

Vehicle 16^  gal.  63%  70% 

VEHICLE  FORMULAE. 

Raw  linseed  oil ...  2-3  by  volume  94%  88% 

Boiled  linseed  oil.  .  1-3  by  volume  ....  .... 

Drier 6%  6% 

Turpentine    ....  6% 

PIGMENT  FORMULAE. 

Red  lead  100%  50% 

Lampblack    '.  .  25%  40% 

Magnesium  silicate 10%  20% 

Silica 15% 

Chrome  yellow,  medium, 

c.  p : ....        ....  40% 


64 


SPECIFICATIONS — PAINTING. 

The  standard  weight  of  second  coat  shall  be  ten  (10) 
pounds  seven  and  one-half  (7l/>)  ounces^per  gallon.  The  stand- 
ard weight  of  finishing  coat  shall  be  nine  (9)  pounds  eleven  (11) 
ounces  per  gallon. 

SECTION  No.  199.  The  shop  coat  shall  be  mixed,  as  needed, 
in  such  quantities  as  can  be  used  before  it  thickens  in  the  con- 
tainer. Any  paint  which  settles  and  thickens  before  use  shall 
be  rejected  and  a  new  paint  mixed. 

The  second  and  finishing  coats  shall  be  furnished  in  a  ready 
mixed  form  and.  shall  be  used  without  the  subsequent  addition 
of  any  material. 

All  paints  shall  be  properly  prepared,  using  only  the  specified 
materials  in  the  proportions  stated,  with  an  allowable  variation 
therefrom  of  not  over  two  per  centum  (2%)  in  the  quantity  of 
any  material  therein.  The  paint  shall  vary  not  more  than  four 
(4)  ounces  per  gallon  from  the  standard  weight. 

SECTION  No.  200.  Raw  linseed  oil  shall  conform  to  the  speci- 
fications of  the  American  Society  for  Testing  Materials  for  the 
purity  of  raw  linseed  oil  from  North  American  seed,  adopted 
August  25,  1913. 

Boiled  linseed  oil  shall  conform  to  the  proposed  specifica- 
tions of  the  American  Society  for  Testing  Materials,  1915. 

When  boiled  linseed  oil  is  flowed  over  a  plate  of  glass  and 
allowed  to  drain  in  a  vertical  position,  it  shall  dry  free  from 
tackiness  in  fifteen  (15)  hours  at  70  degrees  Fahr. 

The  drier  shall  be  a  pure  oil  drier  consisting  of  lead  and 
manganese  salts  dissolved  in  linseed  oil  and  thinned  with  tur- 
pentine as  follows : 

Fifteen  (15)  pounds  manganese  dioxide  plus  ten  (10)  pounds 
of  varnish  makers'  red  lead,  to  fifty  (50)  gallons  of  oil,  boiled  to 
proper  consistency  and  thinned  with  fifty  (50)  gallons  of  tur- 
pentine. 

Turpentine  shall  conform  to  the  proposed  specification  of  the 
American  Society  for  Testing  Materials. 

Red  lead  for  the  shop  coat  shall  be  of  the  best  quality,  free 
from  all  adulteration  and  shall  contain  not  less  than  80%  nor 
more  than  90%  "true  red  lead"  (Pb3O4),  not  over  \%  inert 

65 


SPECIFICATIONS — PAINTING. 

hearth  materials  (such  as  silica  and  alumina)  and  not  more 
than  0.1%  metallic  lead;. the  remainder  shall  be  pure  lead  monox- 
ide (PbO).  It  shall  contain  no  organic  coloring  matter  and 
when  shaken  up  with  water  shall  show  no  alkaline  reaction.  It 
shall  be  of  such  fineness  that  99 J^  %  will  pass  through  a  standard 
200-mesh  sieve. 

Red  lead  for  the  second  and  finishing  coats  shall  be  of  the 
best  quality,  free  from  all  adulteration  and  shall  contain  not  less 
than  85%  true  red  lead  (Pb3O4),  not  over  1%  inert  hearth 
materials  (such  as  silica  and  alumina)  and  not  more  than  0.1% 
metallic  lead;  the  remainder  shall  be  pure  lead  monoxide  (PbO). 
It  shall  contain  no  organic  coloring  matter  and  when  shaken  up 
wiih  water  shall  show  no  alkaline  reaction.  It  shall  be  of  such 
fineness  that  99^2%  will  pass  through  a  standard  200-mesh 
sieve. 

Dry  lampblack  shall  be  absolutely  neutral  and  shall  contain 
at  least  98%,  by  weight,  of  pure  carbon.  The  tinting  power  of 
lampblack  used  in  .the  finishing  coat  shall  be  the  same  as  the 
standard  sample. 

Magnesium  silicate  shall  be  a  finely  ground  material  of  crys- 
talline structure  and  shall  equal  the  standard  sample. 

Silica  shall  be  ground  from  rock  crystal  and  water  floated. 
It  shall  be  90%  pure  silica  (SiO2)  and  shall  be  of  such  fineness 
that  99%  will  pass  through  a  standard  200-mesh  sieve.  It  shall 
equal  the  standard  sample. 

Chrome  yellow,  medium,  c.  p.,  shall  be  98%  pure  lead  chro- 
mate  or  basic  lead  chromate.  It  shall  be  the  same  as  the  stand- 
ard sample  in  color  and  strength. 

SECTION  No.  201.  The  paint  for  the  second  and  finishing 
coats  shall  be  so  finely  ground  that  it  will  pass  each  of  the  follow- 
ing tests : 

(a)  When  a  small  amount  is  placed  upon  a  piece  of  glass 
and  the  glass  placed  in  a  vertical  position,  there  shall  be  no 
separation  of  the  oil  from  the  pigments  for  at  least  one  hour. 
This  test  is  to  be  conducted  at  70  degrees  Fahr. 

(b)  Fill  a  ^-inch  test  tube  with  pure  raw  linseed  oil  to  a 
height  of  Zy2  inches  and  add  paint  until  the  height  of  the  oil  is 
five  (5)  inches  from  the  bottom.  Cork,  shake  well  and  let 
stand  in  a  vertical  position  for  two  (2)  hours.  The  opaque  mass 

66 


SPECIFICATIONS PAINTING 

must  have  settled  down  not  more  than  one-half  (J^)  of  an  inch 
and  there  must  be  no  separation  of  the  coarser  particles  in  the 
bottom  of  the  test  tube.  This  test  is  to  be  conducted  at  70 
degrees  Fahr. 

(c)  At  least  98%  of  the  extracted  pigment  shall  pass  through 
a  standard  200-mesh  sieve. 

(d)  When  rubbed  with  a  spatula  on  a  piece  of  glass  there 
shall  be  no  feeling  of  grittiness. 

SECTION  No.  202.  By  standard  200-mesh  sieve  is  'meant  the 
200-mesh  sieve  described  in  the  specification  of  the  American 
Society  for  Testing  Materials  for  Portland  cement,  adopted 
August  16,  1909. 

SECTION  No.  203.  The  shade  of  the  finishing  coat  shall  match 
the  shade  of  the  standard  sample. 

The  paint  shall  dry  under  normal  conditions,  dust  free,  in 
twelve  (12)  hours,  and  so  as  to  be  satisfactorily  recoated  in  not 
less  than  twenty-four  (24)  hours  nor  more  than  forty-eight  (48) 
hours. 

The  amount  of  hygroscopic  moisture  in  the  finished  paint 
shall  not  exceed  0.5%. 

There  shall  be  no  rosin  in  the  paint  as  indicated  by  the  Lieber- 
mann-Storch  reaction. 

SECTION  No.  204.  The  paint  shall  not  liver  nor  curdle  and 
shall  cover  properly  and  work  freely  under  the  brush.  The  pig- 
ment shall  remain  in  suspension  in  a  satisfactory  manner. 

SECTION  No.  205.  Tests  will  be  made  against  standard 
samples.  Analyses  will  be  made  by  the  Engineer  according  to 
methods  prescribed  and  on  file  in  the  office  of  the  Engineer. 

Due  to  the  cost  of  inspection,  the  Contractor  will  be  required 
to  obtain  paint  which  is  made  within  a  reasonable  distance  from 
New  York,  and  in  as  large  quantities  as  practicable.  By  distance 
from  New  York  is  meant  the  distance  by  railroad,  of  the  paint 
factory  from  Manhattan  Island.  The  maximum  factory  distance 
is  shown  in  the  following  table : 

67 


SPECIFICATIONS PAINTING 

For  quantities  of  less  than  250  gallons  made  at  one  time,  25  miles. 
For  quantities  of  250  to  500  gallons  made  at  one  time,  100  miles. 
For  quantities  of  500  to  1500  gallons  made  at  one  time,  200  miles. 
For  quantities  of  over  1500  gallons  made  at  one  time,  700  miles. 

Samples  of  standard  ingredients  and  of  the  finished  paints 
are  on  file  in  the  office  of  the  Engineer.  Paints  and  their  ingredi- 
ents shall  conform  to  these  standard  samples.  The  Contractor 
shall  submit  separate  samples  of  all  ingredients  intended  for  use 
in  the  paints  and  upon  approval  of  same  shall  then  submit  two 
(2)  one-point  samples  of  paint  for  approval. 

In  those  details  where  no  special  instructions  are  given,  the 
paint  and  its  manufacture  shall  conform  to  the  best  accepted 
practice. 

All  materials  for  shop  coat  shall  be  delivered,  inspected  and 
sampled  in  their  original  packages. 

SECTION  No.  206.  All  iron  shall  be  scraped  free  from  scale 
and  rust  and  shall  receive  one  coat  of  red  lead  paint  as  herein 
specified,  before  leaving  the  shop.  All  surfaces  which  come  in 
contact  or  are  enclosed  shall  be  painted  before  being  assem- 
bled. All  turned  or  faced  surfaces  shall  receive  a  coat  of  white 
lead  and  tallow  before  leaving  the  shop.  If  the  Engineer  so 
directs,  the  shop  coat  will  be  omitted  on  members  or  parts  of 
members  to  be  imbedded  in  concrete. 

Where  the  shop  coat  has  become  damaged  before  or  after 
erection,  through  any  cause  whatever,  it  shall  be  renewed  with 
the  same  kind  of  paint  as  originally  used,  such  renewal  to  be 
considered  as  a  part  of  the  original  shop  coat. 

Structural  steel  and  rods  which  are  to  be  imbedded  in  con- 
crete shall  be  protected  from  the  weather  before  being  put  in 
place,  and  shall  be  cleaned  and  scale  and  rust  removed  before 
being  incased  in  the  concrete.  Rods  shall  not  be  painted. 

After  erection  the  metal  shall  be  thoroughly  cleaned  of  all 
dirt,  rust  or  scale  by  stiff  wire  brushes  or  sand  blast,  as  directed, 
and  afterward  dusted.  The  Engineer  may  require  that  all  steel 
after  cleaning  shall  be  wiped  with  a  cloth  dipped  in  a  mixture 
composed  of  one-half  (y2)  benzine  and  one-half  (J^)  turpentine. 
When  the  above  mixture  has  practically  dried  but  before  becom- 
ing absolutely  dry,  the  steel  shall  be  thoroughly  and  evenly  painted 

68 


SPECIFICATIONS PAINTING 

with  the  second  coat  prescribed  herein.  No  paint  shall  be 
applied  until  the  cleaning  has  been  passed  upon  by  the  Inspector. 
The  finishing  coat  shall  be  applied  at  such  time  after  the 
application  of  the  second  coat  and  before  final  acceptance  of 
the  work,  as  in  the  judgment  of  the  Engineer  shall  be  advisable. 

SECTION  No.  207.  Surfaces  of  exposed  members  inaccessible 
after  erection  shall  be  cleaned  and  painted  before  erection. 

All  recesses  that  might  contain  water,  or  through  which 
water  could  enter,  shall  be  filled  with  thick  paint  or  a  water- 
proof cement  of  ground  skins  before  receiving  a  final  painting. 

All  surfaces  so  close  together  as  to  prevent  the  insertion  of 
a  brush  shall  be  painted  thoroughly  by  using  a  piece  of  cloth, 
if  necessary. 

SECTION  No.  208.  All  paint  shall  be  well  brushed  out  so 
as  to  show  a  smooth,  even  film  of  uniform  thickness.  Round 
brushes  shall  be  used  exclusively  in  applying  paint. 

SECTION  No.  209.  Painting  in  rainy  or  freezing  weather  or 
on  wet  or  damp  surfaces  will  not  be  permitted. 

SECTION  No.  210.  Payment  for  painting  is  included  in  the 
prices  for  steel  and  iron. 


69 


SUBDIVISION  15 
DRAINS 

SECTION  No.  211.  The  Contractor  will  be  required  to  fur- 
nish and  place  pipe  drains  in  the  locations,  of  the  dimensions  and 
to  the  lines  and  grades  ordered  by  the  Engineer  and  in  accord- 
ance with  the  following  general  specifications. 

SECTION  No.  212.  All  drains  and  appurtenances  shall  be 
built  of  the  materials,  to  the  sizes  and  dimensions,  on  the  lines 
and  grades,  at  the  depths,  with  the  connections  and  in  the 
manner  called  for  by  these  specifications  and  shown  on  the 
drawings. 

Unless  otherwise  ordered  by  the  Engineer,  as  herein  de- 
scribed, cast-iron  pipes  shall  conform  as  to  quality,  weight 
and  dimensions  with  the  standard  specifications  of  the  Amer- 
ican Water  Works  Association  for  Class  "A"  pipe. 

Cast-iron  pipe  shall  be  of  the  standard  hub  and  spigot  type 
and  shall  have  caulked  joints.  In  caulking  joints  the  spigot 
shall  be  so  adjusted  in  the  bell  as  to  give  a  uniform  space  all 
around.  Gaskets  of  clean,  sound  hemp  yarn,  braided  and 
twisted  and  tightly  driven,  shall  be  used  to  pack  the  joints. 
The  joints  shall  then  be  filled  with  cement  mortar  consisting 
of  one  (1)  part  of  cement  and  one  (1)  part  of  sand.  The 
inside  of  the  pipe  shall  be  wiped  clean  of  mortar  before  an- 
other length  of  pipe  is  laid  and  after  the  joint  is  completed 
care  shall.be  taken  that  the  pipe  be  not  disturbed. 

SECTION  No.  213.  The  manholes  shall  be  built  as  indicated 
on  the  drawings  or  ordered  by  the  Engineer.  Cast-iron  rings 
or  heads  with  perforated  covers,  or  sealed  rings  or  covers, 
of  size  and  weight  ordered  by  the  Engineer  shall  be  used  on 
manholes. 

Payment  for  cast-iron  drains  and  appurtenances  will  be 
made  at  the  prices  stipulated  in  the  Schedule  Items  applicable 
thereto.  Payment  for  cast-iron  Dipe  in  place  will  be  made  at 
the  prices  stipulated  in  Schedule  Item  42  for  cast-iron  sewer 
pipe  (straight  pipe),  with  or  without  hubs  and  spigots,  and 
in  Schedule  Item  43  for  (special  castings)  such  as  Y's,  T's, 
reducers,  etc. 

The  exposed  ends  of   drains  and  spurs   for  future  connec- 

70 


SPECIFICATIONS DRAINS 

lions  shall  be  sealed  with  approved  earthenware  covers  set  in 
mortar,  or  in  special  cases  as  ordered  by  the  Engineer,  and 
payment  therefor  shall  be  deemed  to  be  included  in  the 
prices  stipulated  in  Schedule  Items  42  and  43  and  no  allow- 
ance will  be  made  therefor  under  any  other  Schedule  Item  or 
otherwise. 

SECTION  No.  214. — Payment  for  excavation  for  drains  and 
manholes  will  be  made  as  provided  in  Section  No.  73.  The  meas- 
urements for  payment  for  excavation  for  drains  will  be  the  same 
as  the  measurements  specified  in  subdivision  (3b)  of  Section  No. 
71  for  pipes  and  the  measurements  for  payment  for  excavation 
for  manholes  will  be  the  same  as  specified  in  subdivision  (3c) 
of  Section  No.  71  for  valve  chambers  and  other  structures. 

The  Contractor  shall  remove  the  existing  twelve  (12)  inch 
cast-iron  drain  near  Bent  13,  as  shown  on  the  drawings.  Pay- 
ment for  removing  this  drain  shall  be  deemed  to  be  included 
in  the  price  stipulated  in  Schedule  Item  42,  and  no  further 
allowance  will  be  made  for  this  work  under  any  other  Schedule 
Item  or  otherwise. 


SUBDIVISION  16 
STEEL  WINDOWS,  SKYLIGHTS,  LEADERS  AND  SHEET  METAL  WORK 

SECTION  No.  215.  The  steel  sash  windows  in  the  south  wall 
of  the  existing  shop,  on  the  "A"  line  of  columns,  shall  be  care- 
fully removed  by  the  Contractor  when  taking  down  said  wall 
and  shall  be  re-erected  in  the  new  south  wall  at  the  "C"  line  of 
columns.  The  Contractor  shall  repair  or  shall  replace  with  new 
material  any  windows  or  parts  thereof  damaged  or  destroyed 
in  the  removal  or  re-erection  of  the  steel  sash  windows.  The 
existing  operating  devices  shall  be  lengthened  where  necessary, 
so  as  to  be  operated  from  the  floor  level.  Tap  screws  shall  be 
provided  to  secure  the  frames  to  the  lintels,  and  the  windows 
shall  be  securely  anchored  and  cemented  in  place.  Two  (2) 
coats  of  paint  shall  be  applied  to  the  steel  sash  re-erected. 

SECTION  No.  216.  New  steel  sash  windows  shall  be  provided 
for  the  monitors  over  the  crane  runway  and  at  other  locations 
shown  on  the  contract  drawings.  The  steel  sas'h  shall  be  of  the 
same  design  and  equal  in  quality  and  thickness  of  metal  to  the 
existing  steel  ^  windows"  at  the  east  end  of  the  existing  shops, 
except  that  the  pivoted  sash  shall  be  arranged  as  shown  on  the 
contract  drawings.  The  windows  shall  be  absolutely  weather- 
proof, shall  be  securely  fastened  to  the  masonry  and  steelwork 
and  shall  be  glazed  with  double-thick  American  glass.  Approved 
geared  operating  devices  shall  be  provided  so  that  the  windows 
can  be  opened  and  closed  from  the  floor  level ;  operating  de- 
vices shall  be  so  arranged  as  not  to  interfere  with  the  running 
of  the  crane.  Before  beginning  the  manufacture  of  the  windows 
the  Contractor  shall  submit  complete  shop  drawings  for  approval. 
Three  (3)  coats  of  paint  shall  be  applied  to  all  new  steel  sash. 

SECTION  No.  217.  Galvanized  iron  skylights  shall  be  in  ac- 
cordance with  the  sizes  and  details  shown  on  the  contract  draw- 
ings. They  shall  be  glazed  with  rough  wire  glass  one-fourth 
(J4)  of  an  inch  thick.  The  skylight  shall  be  of  steel  puttyless 
glazing  construction,  with  rolled  steel  supporting  bars  set  into 
expansion  clips  so  as  to  permit  expansion  and  contraction  of 
bars  without  injury  to  the  glass ;  condensation  gutters  shall  be 
of  galvanized  iron  or  zinc  with  asbestos  fibre  enclosed,  forming 
a  uniform  bearing  and  self-adjusting  seat  for  the  glass;  spring 

72 


SPECIFICATIONS — STEEL      WINDOWS,       SKYLIGHTS,      LEADERS      AND 
SHEET    METAL    WORK 

surface  bearing  caps  of  galvanized  iron  or  zinc  shall  be  pro- 
vided, having  vertical  legs  to  prevent  glass  from  coming  in 
contact  with  the  rigid  supporting  bars  and  providing  one-half 
(y2)  inch  bearing  on  glass;  eave  gutter,  apron  flashing,  side 
flashing,  top  cap  flashing  and  corner  downspouts  shall  be  of 
galvanized  iron  or  zinc ;  sealing  strips  shall  be  of  soft  sheet  lead 
to  render  joints  water-tight;  no  putty  or  cement  shall  be  used. 
All  galvanized  iron  shall  be  No.  20  gauge  galvanized  iron  and 
shall  be  painted  with  three  (3)  coats  of  paint.  Type  "A"  sky- 
lights shall  have  hinged  sash  and  shall  be  operated  by  approved 
geared  operating  devices  from  floor  of  building.  Types  "B"  and 
"C"  skylights  shall  be  fixed,  hip  skylights.  All  skylights  shall 
be  securely  fastened  to  the  concrete  bulkheads. 

SECTION  No.  218.  Leaders  from  high  roof  to  low  roof  shall 
be  of  No.  20  gauge  galvanized  iron  of  an  approved  quality. 
Elbows  shall  be  provided  at  each  change  in  direction  and  all 
joints  shall  be  soldered.  They  shall  be  securely  supported  by 
straps. 

Leaders  from  low  roof  to  subsurface  drains  and  to  replace 
those  in  existing  shop  shall  be  galvanized  wrought  iron,  equal  in 
quality  to  "  Standard."  They  shall  have  screw  joints  made  up 
with  red  lead  and  the  burr  made  in  cutting  shall  be  carefully 
reamed  out ;  they  shall  be  securely  held  in  place  with  straps  or  as 
directed. 

New  six  (6)  inch  leaders  shall  be  substituted  for  the  existing 
leaders  on  north  side  of  existing  shops. 

SECTION  No.  219.  Provision  shall  be  made  in  the  concrete 
roof  for  the  installation  of  a  smoke  flue  for  the  blacksmith  shop. 
The  size  and  shape  of  the  flue  shall  be  as  directed  .by  the 
Engineer. 

Along  the  eaves  of  the  monitor  roof,  gutters  of  No.  20  gauge 
galvanized  iron  shall  be  provided ;  they  shall  be  well  graded  and 
securely  hung  or  braced.  Where  the  gutters  join  the  reinforced 
concrete  roof  slab  the  connection  shall  be  thoroughly  water- 
tight. 

SECTION  No.  220.  Galvanized  wire  strainers,  No.  12  gauge, 
shall  be  provided  for  all  leaders. 

Copper  sleeves  and  flashing,  where  required,  shall  be  of  16- 
ounce  cold  rolled  copper. 

SECTION  No.  221.  All  sheet  metal,  except  copper,  which  is 

73 


SPECIFICATIONS— STEEL       WINDOWS,       SKYLIGHTS,       LEADERS      AND 
SHEET    METAL    WORK 

inaccessible  for  painting  after  erection  shall  be  given  (1)  coat 
of  paint,  as  hereinafter  specified,  before  it  is  set  in  the  work, 
and  in  general  all  sheet  metal  and  leaders  shall  be  painted  three 
(3)  coats  of  paint. 

SECTION  No.  222.  Payment  for  removing  steel  sash  win- 
dows from  the  south  wall  of  the  existing  shop  on  the  "  A  " 
line  of  columns  and  re-erecting  them  on  the  "  C  "  line  of 
columns  will  be  made  at  the  price  stipulated  in  Schedule  Item 
820-A(c),  which  price  shall  include  the  cost  of  all  labor  and 
materials  necessary  for  providing  new  glass  for  broken  panes, 
repairing  and  lengthening  operating  devices,  painting,  cement, 
tap  screws,  drilling  holes,  and  all  incidental  labor  and  materials. 

Payment  for  new  steel  sash  windows  will  be  made  at  the 
prices  stipulated  in  Schedule  Item  820-A(a)  and  (b),  which 
prices  shall  include  the  cost  of  all  steel  sash,  glazing,  cement, 
operating  devices,  lugs,  tap  screws,  drilling  holes  in  steel  lin- 
tels, painting,  and  other  incidental  labor  and  materials.  Measure- 
ment for  payment  for  new  steel  sash  windows  will  be  made  from 
out  to  out  of  sash  frames. 

Payment  for  galvanized  iron  skylights  will  be  made  at  the 
prices  stipulated  in  Schedule  Item  820-B,  which  prices  shall 
include  the  cost  of  glazing,  operating  devices,  painting,  flash- 
ing, and  all  other  work,  labor  and  material  necessary  or  inci- 
dental to  the  erection  of  the  skylights  complete  in  place. 

Payment  for  leaders  will  be  made  at  the  prices  stipulated 
in  Schedule  Item  768,  which  prices  shall  include  the  cost  of 
all  straps,  fittings,  copper  sleeves,  strainers,  flashing,  soldering, 
connection  to  subsurface  drains,  painting  and  all  other  work, 
labor  and  materials  necessary  or  incidental  to  the  completion 
of  the  leaders  in  place.  Payment  under  Schedule  Item  768  (h) 
shall  include  the  cost  of  removing  the  existing  leaders  which 
the  six  (6)  inch  leaders  replace. 

Payment  for  galvanized  iron  gutters  will  be  made  at  the 
price  stipulated  in  Schedule  Item  765-D,  which  price  shall 
include  the  cost  of  all  straps  or  other  fastenings,  flashing,  solder- 
ing, painting  and  all  other  work,  labor  and  material  necessary 
or  incidental  to  installing  galvanized  iron  gutters  in  place. 

Copper  flashing  will  be  paid  for  at  the  price  stipulated  in 
Schedule  Item  763-C,  which  price  shall  include  the  co§t  of  all 
work,  labor  and  material  necessary  or  incidental  to  the  comple- 
tion of  the  flashing  in  place. 

74      - 


SUBDIVISION  17 
ELECTRIC   WORK 

SECTION  No.  223.  All  electric  conduits  shall  be  of  the  best 
grade  standard  weight  wrought-iron  or  steel  piping,  protected 
inside  by  a  coat  of  zinc,  enamel,  or  other  approved  preservative, 
and  outside  by  a  coat  of  zinc.  They  shall  be  delivered  to  the  work 
in  bundles  of  full  length  pipes,  each  length  marked  with  the 
trade-mark  of  the  manufacturer.  They  shall  bend  cold  ninety 
(90)  degrees  about  a  radius  equal  to  ten  (10)  diameters  without 
signs  of  flaw  or  fracture  in  either  pipe  or  enamel.  Samples  of 
conduits  and  boxes  shall  be  submitted  for  approval  before  pro- 
ceeding with  the  electric  work. 

SECTION  No.  224.  All  conduits  shall  be  carefully  cleaned 
before  and  after  erection,  all  ends  shall  be  reamed  free  from 
burrs,  and  inside  surfaces  shall  be  free  from  all  imperfections 
liable  to  injure  the  cable.  All  joints  shall  be  made  with  standard 
couplings,  well  treated  with  red  lead,  and  screwed  up  to  make  a 
water-tight  joint. 

Conduits  built  into  the  masonry  or  other  parts  of  the  struc- 
ture shall  be  properly  protected  and  supported,  to  prevent  their 
becoming  injured  by  the  building  operations. 

Conduits  shall  be  protected  at  all  times  from  the  entrance 
of  water  or  other  foreign  matter  by  being  well  plugged  over  night 
or  when  the  work  is  temporarily  suspended,  and  furnished  with 
iron  caps  if  to  be  left  dead  ended.  Special  care  shall  be  taken 
with  conduits  which  are  to  be  imbedded  in  masonry,  to  prevent 
their  becoming  choked  with  cement. 

SECTION  No.  225.  Bends  and  offsets  may  be  made  in  the 
field  if  proper  tools  are  used,  but  in  no  case  shall  deformed,  split 
or  crushed  conduits  be  used.  Not  more  than  four  (4)  quarter 
bends  shall  be  made  between  any  two  (2)  outlet  boxes  without 
special  approval  of  the  Engineer.  Special  conduit  fittings  with 
removable  covers  shall  be  provided  where  required. 

All  elbows,  fittings,  boxes  or  other  materials  installed  in  the 
work  shall  be  protected  inside  by  a  coat  of  zinc,  enamel  or  other 
approved  preservative,  and  outside  by  a  coat  of  zinc.  All  joints 
and  connections  shall  be  well  treated  with  red  lead  and  made 
water-tight. 

All  conduit  not  built  into  the  masonry  or  other  parts  of  the 

75 


SPECIFICATIONS ELECTRIC    WORK 

structure  shall  be  encased  in  a  concrete  envelope  four  (4)  inches 
thick  on. all  sides. 

Conduits  shall  be  so  placed  in  the  floor  that  no  portion  shall 
be  less  than  two  (2)  inches  from  the  finished  floor  surface,  ex- 
cept where  the  steel  floor  construction  makes  less  cover  unavoid- 
able; in  the  latter  case  a  minimum  cover  of  one  and  one-half 
(\l/a)  inches  will  be  permitted. 

SECTION  No.  226.  All  outlet  and  pull  boxes,  except  in  loca- 
tions where  special  outlet  or  junction  boxes  or  other  fittings  are 
called  for,  shall  be  made  of  cast  iron  with  cast-iron  covers,  and 
boxes  and  covers  shall  be  protected  inside  by  a  coat  of  enamel 
or  other  approved  preservative,  except  in  locations  where  special 
cutlet  or  junction  boxes  or  other  fittings  are  called  for.  Boxes 
shall  have  openings  threaded  for  the  conduit  ends,  and  conduits 
shall  be  screwed  into  these  openings  and  made  up  with  red  lead 
to  effect  a  water-tight  joint.  Boxes  shall  be  set  square  with  ad- 
jacent ceiling,  floor,  wall  or  beam  line  and  shall  have  all  conduits 
enter  squarely.  All  conduit  ends  inside  of  boxes  shall  be  fitted 
with  bushings.  Covers  shall  be  water-tight  and  secured  to  boxes 
with  brass  screws,  and  no  other  boxes  or  covers  shall  be  used 
except  under  special  permission  of  the  Engineer. 

Outlet  boxes  shall  be  placed  at  all  light  locations,  as  indicated 
on  the  drawings.  Boxes  shall  be  firmly  and  permanently  secured 
in  place,  and,  if  held  with  screws  passing  through  the  back,  shall 
be  made  water-tight  by  means  of  a  lead  washer  under  the  screw 
head.  No  box  shall  be  drilled  for  more  conduits  than  actually 
enter  it. 

Pull  boxes  shall  be  provided  where  indicated  on  the  drawings, 
or  where,  in  the  opinion  of  the  Engineer,  they  are  necessary.  In 
general  a  pull  box  shall  be  provided  for  every  one  hundred  (100) 
feet  of  continuous  conduit.  These  boxes  shall  be  of  ample  size 
to  receive,  without  crowding,  all  conduits  entering  them.  All 
boxes  shall  be  accessible  when  finish  is  in  place,  and  where  cov- 
ers are  exposed  on  finished  walls  or  ceilings  they  shall  be  secured 
to  the  boxes  with  button  head  brass  machine  screws  and  painted 
as  hereinafter  provided. 

SECTION  No.  227.  Panel-board  boxes  shall  be  built  up  of 
steel  plates  and  angles  riveted  together.  They  shall  be  drilled 
for  the  necessary  conduits  and  shall  be  built  into  or  mounted  on 

76 


SPECIFICATIONS ELECTRIC    WORK 

the  walls  as  indicated  on  the  drawings.  Brass  machine  screws 
and  special  nuts  shall  be  provided  for  securing  trim  to  boxes. 
All  conduits  entering  these  boxes  shall  be  secured  with  lock  nuts 
and  bushings. 

SECTION  No.  228.  No  permanent  wiring,  switches,  trans- 
formers, light  fixtures  or  lamps  will  be  required  under  this  con- 
tract, but  such  temporary  wires,  fixtures  and  lamps  as  may  be 
necessary  for  the  proper  conduct  of  the  work  under  this  contract 
will  be  required  as  hereinbefore  specified. 

SECTION  No.  229.  Measurements  for  electric  conduits  will 
be  for  the  actual  length  of  single  conduit  placed  in  the  work, 
including  all  offsets,  bends  and  fittings  in  accordance  with  the 
requirements.  Electric  conduits  will  be  paid  for  at  the  prices 
stipulated  in  Schedule  Item  795. 

SECTION  No.  230.  Cast-iron  outlet  boxes  and  pull  boxes 
furnished  and  placed  in  the  work,  will  be  paid  for  at  the  prices 
stipulated  in  Schedule  Items  796  and  797. 

SECTION  No.  231.  Steel  panel-board  boxes  furnished  and 
placed  in  the  work  will  be  paid  for  at  the  prices  stipulated  in 
Schedule  Item  799. 

SECTION  No.  232.  The  prices  stipulated  in  Schedule  Items 
795,  796,  797  and  799  shall  include  the  cost  of  all  cutting  and 
drilling  of  concrete  or  other  masonry,  drilling  and  tapping  of 
steel,  drilling  and  tapping  of  all  outlet,  pull  or  other  boxes,  all 
bushings,  lock  nuts,  offsets,  bends,  fittings  and  all  incidental  work, 
labor  and  material  necessary  to  complete  the  electric  work  as 
herein  specified  and  as  indicated  on  the  drawings.  These  prices 
shall  also  include  the  cost  of  "snaking"  the  whole  completed  con- 
duit system  with  steel  band  wire  which  shall  be  done  to  make 
sure  that  all  conduits  and  fittings  are  clear  and  in  proper  shape 
for  the  installation  of  the  wires.  Any  conduits  which  cannot 
be  thus  "snaked"  shall  be  removed  and  replaced  by  the  Contrac- 
tor at  his  own  expense.  The  concrete  envelope  for  conduits 
not  built  into  the  structure  will  be  paid  for  under  Schedule 
Item  6  (c). 

77 


;  SUBDIVISION  18 

W ATERPROOFI NG 

SECTION  No.  245.  The  entire  roof  surface  of  the  Shop 
shall  be  waterproofed  as  shown  on  the  contract  drawings  or  as 
ordered.  The  back  of  the  retaining  wall,  where  ordered  by  the 
Engineer,  shall  be  covered  with  a  coat  of  pitch. 

Any  masonry  or  roof  slab,  placed  by  the  Contractor,  that  is 
found  to  leak  at  any  time  prior  to  the  completion  of  the  work 
and  final  acceptance  thereof  by  the  Commission,  shall  be  cut  out 
and  the  leak  stopped  at  the  sole  expense  of  the  Contractor. 

The  junction  between  the  roof  of  the  existing  repair  shops 
and  the -new  roof  of  the  Shop  shall  be  waterproofed,  and  the 
junction  between  the  existing  roof  and  new  brick  work  shall  be 
waterproofed  and  flashed  with  copper  flashing. 

SECTION  No.  246.  All  surfaces  to  which  felt  waterproof- 
ing is  to  be  applied  shall  be  made  as  smooth  as  possible  and 
shall  be  thoroughly  dry  before  waterproofing  is  applied ;  on  these 
surfaces  there  shall  be  spread  hot  melted  pitch  in  a  thick  layer 
of  uniform  thickness ;  on  this  layer  of  pitch  shall  be  laid  a  treated 
felt  of  such  material  as  may  be  approved  by  the  Engineer;  this 
process  shall  be  repeated  until  the  number  of  layers  required 
have  been  placed,  and  a  final  coat  of  pitch  shall  then  be  applied. 
Each  layer  of  pitch  shall  completely  and  entirely  cover  the  sur-. 
face  on  which  it  is  spread,  without  cracks  or  blowholes.  A 
layer  of  slag  or  gravel  shall  be  placed  over  the  final  coat  of 
pitch  and  embedded  therein  while  the  pitch  is  still  hot. 

SECTION  No.  247.  The  term  "ply"  as  used  in  these  specifi- 
cations shall  mean  a  layer  of  treated  felt  both  sides  jof  which 
shall  be  coated  with  pitch  at  the  time  of  laying. 

SECTION  No.  249.  Pitch  shall  consist  of  either  coal-tar  or 
asphalt  as  the  Engineer  shall  elect;  it  shall  be  delivered  on  the 
work  in  packages  that  are  plainly  marked  with  the  manufac- 
turer's brand,  indicating  the  grade  and  quality  of  the  material. 

SECTION  No.  250.  Coal-tar  shall  be  straight-run  pitch  con- 
taining not  less  than  twenty-five  per  centum  (25%)  and  not 
more  than  thirty-two  per  centum  (32%)  of  free  carbon,  and 

78 


SPECIFI  CATION  S — W  ATERPROOFI NG 

shall  soften  at  approximately  100°  F.,  and  melt  at  150°  F.,  de- 
termined by  the  cube  (in  water)  method,  being  a  grade  in  which 
distillate  oils  distilled  therefrom  shall  have  a  specific  gravity 
of  1.05. 

SECTION  No.  251.  Asphalt  shall  consist  of  fluxed  natural 
asphalt,  or  asphalt  prepared  by  the  careful  distillation  of  asphaltic 
petroleum,  subject  to  the  approval  of  the  Engineer,  but  how- 
ever prepared,  it  shall  comply  with  the  following  requirements: 

The  asphalt  shall  contain  in  its  refined  state  not  less  than 
ninety-five  per  centum  (95%)  of  bitumen  soluble  in  cold  carbon 
disulphide,  and  at  least  ninety-eight  and  one-half  per  centum 
(9Sj/2%)  of  the  bitumen  soluble  in  cold  carbon  disulphide  shall 
be  soluble  in  cold  carbon  tetrachloride.  The  remaining  in- 
gredients shall  be  such  as  not  to  exert  an  injurious  effect  on  the 
work. 

The  asphalt  shall  not  flash  below  350  degrees  Fahr.  when 
tested  in  the  New  York  State  Closed  Oil  Tester.  When  twenty 
r(20)  grams  of  the  material  are  heated  for  five  (5)  hours  at  a 
temperature  of  325  degrees  Fahr.  in  a  tin  box  two  and  one-half 
(2y2)  inches  in  diameter  it  shall  lose  not  over  five  per  centum 
(5%)  by  weight,  nor  shall  the  penetration  at  77  degrees  Fahr. 
after  such  heating  be  less  than  one-half  (J^)  of  the  original 
penetration. 

The  melting  point  of  the  material  shall  be  between  150  de- 
grees and  175  degrees  Fahr.  as  determined  by  the  Kraemer  and 
Sarnow  method. 

The  consistency  shall  be  determined  by  the  penetration  which 
shall  be  between  75  and  100  at  77  degrees  Fahr. 

A  briquette  of  the  solid  bitumen  of  cross-section  of  one  (1) 
square  centimeter  shall  have  a  ductility  of  not  less  than  twenty 
(20)  centimeters  at  77  degrees  Fahr.,  the  material  being  elon- 
gated at  the  rate  of  five  (5)  centimeters  per  minute.  (Dow 
moulds.) 

All  tests  herein  specified  shall  be  conducted  according  to 
methods  approved  by  the  Engineer. 

The  penetrations  indicated  herein  refer  to  the  depth  of  pene- 
tration in  hundredth  centimeters  of  a  No.  2  cambric  needle 
weighted  to  one  hundred  (100)  grams  at  77  degrees  Fahr.  act- 
ing for  five  (5)  seconds. 

79 


SPECIFICATIONS WATERPROOFING 

SECTION  No.  252.  The  felt  to  be  used  shall  be  a  felt  which 
shall  have  been  treated  with  pitch  before  being  brought  on  the 
work  and  which  shall  weigh  fourteen  (14)  to  sixteen  (16) 
pounds  per  one  hundred  (100)  square  feet.  The  felt  and  the 
material  used  in  its  treatment  shall  be  approved  by  the  Engineer. 

SECTION  No.  253.  The  felt  shall  be  rolled  out  into  the  pitch 
while  the  latter  is  still  hot,  and  pressed  against  it  so  as  to  insure 
its  being  completly  stuck  over  its  entire  surface,  great  care  being 
taken  that  all  joints  are  well  broken  by  overlapping,  and  that 
the  ends  of  the  rolls  are  carried  up  on  the  sides  as  shown  on 
the  contract  drawings,  or  as  ordered. 

SECTION  No.  254.  The  slag  or  gravel  shall  be  of  such  a 
grade  that  no  particle  of  same  shall  exceed  three-eighths  (^) 
of  an  inch  in  diameter  nor  be  less  than  one-fourth  (%)  of  an 
inch  in  diameter.  It  shall  be  free  from  dust  and  dirt.  Not  less 
than  three  hundred  (300)  pounds  of  slag  or  four  hundred  (400) 
pounds  of  gravel  shall  be  used  per  hundred  square  feet  of* 
surface. 

SECTION  No.  255.  None  but  competent  men,  especially  skilled 
in  work  of  this  kind,  shall  be  employed  to  lay  the  waterproofing. 

SECTION  No.  256.  Measurements  will  be  made  on  the  basis 
of  area  covered  and,  in  the  case  of  felt  waterproofing,  the 
number  of  plies  used,  both  as  ordered  by  the  Engineer,  no  ac- 
count being  taken  of  laps,  and' the  waterproofing  will  be  paid 
for  at  the  prices  stipulated  in  Schedule  Items  15-C  and  15-G, 
which  prices  shall  include  the  cost  of  the  layer  of  slag  or  gravel 
and  all  other  work,  labor  and  material  in  connection  with  the 
waterproofing. 

The  Contractor  shall  guarantee  all  waterproofing  on  the  roof 
of  the  Shop  not  to  leak  within  twenty  (20)  years  from  the  date 
of  completion  of  the  Works.  (See  Chapter  VI.) 


80 


SUBDIVISION  19 
SPECIAL  MATTERS 

SECTION  No.  269.  The  provisions  of  this  subdivision  are 
for  the  purpose  of  covering  matters  which  are  special  to  this 
contract  and  which  are  not  fully  covered  in  the  general  specifi- 
cations, but  except  as  herein  otherwise  expressly  provided  the 
foregoing  specifications  are  to  be  construed  as  applying  to  special 
matters.  In  case  of  any  conflict  between  the  provisions  of  the 
foregoing  general  specifications  and  the  provisions  of  this  sub- 
division, the  provisions  of  this  subdivision  shall  govern. 

The  Contractor  shall  conduct  his  work  in  such  manner  and 
at  such  times  and  with  such  precautions  and  safeguards  as  may 
be  necessary  for  the  purpose  of  avoiding  interference  with  the 
safe  and  continuous  operation  of  the  existing  shops  and  the 
tracks  on  the  site  of  the  work  and  of  avoiding  interference  with 
or  injury  to  employees  of  the  Interborough  Company.  The  Con- 
tractor shall  also  comply  with  the  requirements  of  the  Interbor- 
ough Company  or  other  lessee  or  operator  as  to  the  display  of 
lights  and  the  use  of  scaffolding  and  other  structures  in  connec- 
tion with  the  work  under  this  contract  and  shall  also  comply  with 
all  other  reasonable  requirements  of  the  Interborough  Company 
or  other  lessee  or  operator  to  the  end  that  interference  with  the 
safe  and  continuous  operation  of  the  existing  shops  and  the  tracks 
on  the  site  of  the  work  and  interference  with  or  injury  to  em- 
ployees of  the  Interborough  Company  may  be  avoided.  If  any 
question,  dispute  or  conflict  shall  arise  between  the  Contractor 
and  the  Interborough  Company  or  other  lessee  or  operator  with 
respect  to  the  work  under  this  contract,  the  decision  of  the  Engi- 
neer thereon  shall  be  final  and  conclusive  upon  the  Contractor. 
All  methods  of  doing  the  work  under  this  contract  shall  be  subject 
to  the  approval  of  the  Engineer,  which  approval  must  be  ob- 
tained by  the  Contractor  before  the  work  is  begun  and  such 
methods  may,  and  upon  the  requirement  of  the  Engineer  shall, 
be  changed  from  time  to  time  if  in  the  judgment  of  the  Engi- 
neer conditions  so  require. 

The  Contractor  shall  be  responsible  for  the  safety  and  pro- 
tection of  said  existing  shops  and  tracks,  their  equipment,  or  for 
rolling  stock,  and  for  the  safety  and  protection  of  all  employees 
and  other  persons  thereon  and  he  shall  be  responsible  and  liable 
for  any  injury  to  said  existing  shops  and  tracks,  their  equip- 


81 


SPECIFICATIONS SPECIAL     MATTERS 

inent  and  for  rolling  stock,  and  for  any  injury  to  person  or  prop- 
erty occurring  on  account  of  the  performance  of  the  work  under 
this  contract,  whether  due  to  the  negligence,  fault  or  default  of 
the  Contractor  or  not,  and  the  Contractor  shall  indemnify  and 
save  harmless  the  City  from  loss,  and  from  liability  upon  any  and 
all  claims  for  damages,  on  account  of  injury  to  said  existing 
shops  and  tracks,  their  equipment  and  for  rolling  stock,  or  on 
account  of  injuries  to  person  or  property  or  on  account  of  the 
interruption  of  train  operation  occurring  by  reason  of  the  per- 
formance of  the  work  under  this  contract  and  shall  also  indemnify 
and  save  harmless  the  City  from  all  costs  and  expenses  in  suits 
which  may  be  brought  against  the  City  on  account  of  any  such 
injury  or  interruption.  And  the  Contractor  shall  also  indemnify 
c\nd  save  harmless  the  Interborough  Company  or  other  lessee 
or  operator  of  said  properties  from  all  loss  and  expense  on  ac- 
count of  injury  to  said  properties,  their  equipment  or  for  roll- 
ing stock,  or  on  account  of  injuries  to  person  or  property  or  on 
account  of  the  interruption  of  train  operation  occurring  by  reason 
of  the  performance  of  the  work  under  this  contract  and  shall 
indemnify  and  save  harmless  the  Interborough  Company  or 
other  lessee  or  operator  from  liability  upon  any  and  all  claims 
for  damages  on  account  of  such  injuries  and  from  all  costs  and 
expenses  in  suits  which  may  be  brought  against  the  Interborough 
Company  or  other  lessee  or  operator  for  such  injuries.  The 
liability  of  the  Contractor  is  absolute  and  is  not  dependent  upon 
any  question  of  negligence  on  the  part  of  the  Contractor  and 
neither1  the  approval  by  the  Engineer  of  the  methods  of  doing 
the  work  nor  the  failure  of  the  Engineer  to  call  attention  to 
improper  or  inadequate  methods  or  to  require  a  change  in  meth- 
ods nor  the  neglect  of  the  Engineer  to  direct  the  Contractor  to 
take  any  particular  precautions  or  to  refrain  from  doing  any 
particular  thing  shall  excuse  the  Contractor  in  case  of  any  such 
injury  to  said  existing  shops  or  tracks,  their  equipment  or  for 
rolling  stock,  or  in  case  of  any  such  injury  to  person  or  property 
or  interruption  of  train  operation. 

In  order  to  connect  the  Shop  with  the  existing  shops  it  will 
be.  necessary  for  the  Contractor  to  remove  and  reconstruct  por- 
tions of  the  walls  and  foundations  of  the  existing  shops  and  por- 
tions of  the  retaining  walls  along  West  148th  Street,  to  remove, 

82 


SPECIFICATIONS SPECIAL      MATTERS 

cut  and  partly  reconstruct  portions  of  the  steel  work  of  the  ex- 
isting shops,  provide  shoring  for  such  work,  remove  buildings 
covering  the  site,  remove,  shift  and  partly  relay  existing  track 
work,  remove  and  replace  portions  of  the  existing  cement  floors, 
reinforced  concrete  roof  slabs  and  waterproofing  at  the  junction 
of  new  work  with  the  old,  to  remove  drain  pipes,  and  to  furnish 
all  the  materials  and  labor  necessary  and  incidental  to  this  work, 
all  as  shown  on  the  drawings  or  as  ordered. 

The  Contractor  shall  not  remove  the  wall  and  doors  of  the 
existing  shops  at  Bent  No.  13  until  the  Shop  has  been  roofed  in 
and  windows  set  and  glazed,  so  that  the  existing  building  will  be 
protected  from  the  weather.  Canvas  or  wooden  bulkhead  walls 
shall  be  provided  along  Bent  No.  13  and  along  the  "  A"  line  of 
columns  in  order  to  protect  the  existing  shops  and  inspection 
sheds  after  the  existing  walls  have  been  removed. 

Payment  for  the  removal  of  brick,  concrete  and  cement 
walls  and  their  foundations  along  Bent  No.  13  and  along  the 
"  A  "  line  of  columns,  and  cutting  out  and  removing  concrete 
from  retaining  walls  along  West  148th  Street,  will  be  made 
at  the  price  stipulated  in  Schedule  Item  9-D,  which  price  shall 
include  the  cost  of  removing  and  disposing  of  such  masonry 
and  of  all  .work,  labor  and  materials  incidental  thereto. 

The  Contractor  shall  remove  the  steel  rolling  lift  doors 
on  line  of  Bent  No.  13  and  iron  stairs  at  the  "A"  line  of  columns 
and  re-erect  same  at  the  location  shown  on  the  drawings;  he 
shall  also  build  a  new  bridge  and  entrance  landing  from  the 
top  of  the  stairs  to  the  existing  building  as  shown  on  the 
drawings.  Payment  for  removing  existing  steel  rolling  lift 
doors  and  stairs  and  re-erecting  same  in  a  new  location  will 
be  made  at  the  prices  stipulated  in  Schedule  Items  850-AA(a) 
and  850-AA(b),  respectively,  which  prices  shall  include  the 
cost  of  all  drilling  of  holes  for  new  connections,  and  all  other 
work,  labor  and  materials  necessary  or  incidental  to  removing 
and  re-erecting  the  doors  and  stairs. 

Payment  for  the  construction  of  tihe  new  bridge  and 
entrance  landing,  including  foundations,  steelwork,  reinforced 
concrete  slab,  etc.,  will  be  made  at  the  prices  stipulated  in  the 
Schedule  Items  applicable  thereto. 

The  construction  of  the  bridge  and  its  connection  to  the 
existing  shops  will  necessitate  removing  an  existing  window 

83 


SPECIFICATIONS SPECIAL     MATTERS 

and  replacing  it  by  a  new  door,  as  more  fully  shown  on  the 
drawings.  Such  work  will  involve  removing  and  disposing 
of  brickwork  and  the  repair  of  the  existing  work,  and  securing 
the  new  steel  brackets  to  the  existing  structure.  Payment  for 
removing  the  existing  window  at  the  location  of  the  new 
bridge  landing  and  furnishing  and  installing  the  new  door 
will  be  made  at  the  price  stipulated  in  Schedule  Item 
850-AA(c),  which  price  shall  include  the  cost  of  removing 
and  disposing  of  brickwork,  repairing  wall,  floor  or  other  parts 
of  the  existing  shops- damaged  in  installing  the  new  door  or 
brackets,  all  painting  and  all  other  work,  labor  and  materials 
necessary  or  incidental  to  removing  the  existing  window  and 
furnishing  and  installing  the  new  door,  in  place,  except  that 
the  steel  brackets  will  be  paid  for  at  the  price  stipulated  in 
Schedule  Item  19. 

The  pipe  railings  of  the  bridge  shall  be  made  of  galvanized 
wrought-iron  pipe,  and  shall  have  special  fittings  and  bases 
of  galvanized  iron;  bases  shall  be  secured  to  the  bridge  with 
bolts  and  the  railing  shall  be  painted  with  three  (3)  coats  of 
paint.  Payment  for  wrought-iron  railings,  complete  in  place, 
will  be  made  at  the  price  stipulated  in  Schedule  Item  27-D, 
which  price  shall  include  the  cost  of  all  work,  labor  and  ma- 
terial, including  painting. 

The  Contractor  shall  remove  portions  of  tracks  Nos.  1  to 
4,  inclusive,  as  indicated  on  the  drawings.  The  materials 
shall  remain  the  property  of  the  Interborough  Company  and 
the  Contractor  shall  store  these  materials  at  or  near  the 
148th  Street  yard  where  directed  by  the  Engineer.  Payment 
for  removing  tracks  and  storing  the  material  will  be  made  at 
the  price  stipulated  in  Schedule  Item  76-EE(a). 

The  Contractor  shall  shift  portions  of  tracks  Nos.  1,  2  and 
3  as  indicated  on  the  drawings  and  as  directed  by  the  Engineer. 
Payment  for  shifting  tracks  will  be  made  at  the  price  stipu- 
lated in  Schedule  Item  76-EE(b). 

The  Contractor  shall  remove  portions  of  tracks  Nos.  5,  6, 
7,  8  and  9,  in  order  to  construct  the  inspection  pits ;  and  he 
shall  store  the  track  materials  (which  will  remain  the  property 
of  the  Interborough  Company)  where  directed ;  he  shall  then 
relay  the  rail  on  the  wooden  sleepers  of  the  inspection  pits. 
Payment  for  removing  and  storing  track  materials  will  be 

84 


SPECIFICATIONS — SPECIAL     MATTERS 

made  at  the  price  stipulated  in  Schedule  Item  76-EE(a).  Pay- 
ment lor  the  construction  of  pits  and  relaying  rail  will  be 
made  at  the  prices  stipulated  in  the  Schedule  of  Unit  Prices 
applicable  thereto. 

The  Contractor  will  be  required  to  allow  and  arrange  with 
the  Interborough  Company  to  alter  and  reconnect  such  elec- 
tric conduits  and  cables,  third  rails,  lighting  poles  and  fixtures, 
signals,  telephone  cables,  gas  supply  pipes,  steam  pipes,  hot 
water  heating  pipes,  water  supply  pipes,  heating  radiators  and 
other  apparatus  as  may  be  necessary  to  properly  construct 
the  Works,  as  determined  by  .the  Engineer  and  the  Inter- 
borough  Company.  Payment  therefor  will  be  made  as  pro- 
vided in  Article  XII. 

The  Contractor  shall  remove  the  buildings  now  upon  the 
site  of  the  Shop  according  to  the  directions  of  the  Engineer. 
The  contents  of  the  existing  building  on  the  site  of  the  work, 
including  all  fixtures,  shall  remain  the  property  of  the  Inter- 
borough  Company  and  shall  be  stored  by  the  Contractor  in 
the  Lenox  Avenue  and  148th  Street  Yard  where  directed  by 
the  Engineer.  The  Contractor  shall  not  remove  the  house  now 
enclosing  transformers,  switches,  and  cables,  nor  shall  he 
disturb,  or  disconnect,  the  connections  thereto  until  a  new 
house  has  been  provided  in  a  different  location  and  under  a 
separate  contract,  and  the  necessary  electrical  equipment  in- 
stalled therein  and  completely  reconnected  to  the  existing 
cables,  contact  rails,  electric  lights  and  other  appurtenances. 
Payment  for  removing  the  existing  buildings  from  the  site  of 
the  Shop  will  be  made  at  the  price  stipulated  in  Schedule 
Item  1-N,  which  price  shall  include  the  cost  of  the  disposal 
of  the  materials  and  all  other  work,  labor  and  material  in  con- 
nection with  clearing  the  site. 

In  order  to  erect  the  steel  for  the  Shop  it  will  be  necessary 
to  reframe  the  qnds  of  the  trusses  in  the  existing  shops  to  fit 
the  new  conditions.  Payment  for  such  work  will  be  made  at 
the  price  stipulated  in  Schedule  Item  19-R,  which  price  shall 
include  the  cost  of  re-driving  rivets,  cutting  steel,  fitting  new 
angles,  drilling  holes,  shoring  and  all  other  work,  labor  and 
material  required  for  reframing  the  ends  of  the  trusses  in  the 
existing  shops,  except  that  for  new  steel  required  payment 
will  be  made  under  Schedule  Item  19. 

85 


SPECIFICATIONS SPECIAL    MATTERS 

The  Contractor  shall  remove  portions  of  the  steel  beams 
and  columns  in  the  walls  of  the  existing  shops  as  shown  on 
the  drawings  or  as  ordered.  All  steel  beams  and  columns  so 
removed  which  are  suitable  for  re-erection  under  this  contract, 
whether  shown  on  the  contract  drawings  or  not,  shall  be  so 
re-erected.  Steel  beams  and  columns  which  are  not  suitable 
for  use  in  the  new  structure  shall  remain  the  property  of  the 
Interborough  Company  and  shall  be  stored  by  the  Contractor 
where  directed  by  the  Engineer.  Payment  for  re-erecting  old 
steel  beams  and  columns  will  be  made  at  the  price  stipulated 
in  Schedule  Item  19-B,  which  price  shall  include  the  cost  of 
cleaning,  painting  and  re-erecting  old  steel,  complete  in  its 
new  location,  of  all  framing,  cutting,  drilling  and  all  other 
incidental  work,  labor  and  material,  and  no  payment  therefor 
will  be  made  under  any  other  Schedule  Item  or  otherwise  ex- 
cept that  payment  for  new  steel  and  for  re-framing  the  ends 
of  the  trusses  in  the  existing  shops  will  be  made  at  the  prices 
stipulated  in  Schedule  Items  19  and  19-R  as  hereinbefore 
specified.  Payment  for  removal  of  steel  beams  and  columns 
whether  or  not  re-erected  in  the  work  will  be  made  at  the  price 
stipulated  in  Schedule  Item  19-C,  which  price  shall  include 
the  cost  of  unriveting  and  taking  down  and  removing  and 
storing  of  such  material  not  re-erected  and  no  payment  there- 
for will  be  made  under  any  other  Schedule  Item  or  otherwise. 
The  Engineer  shall  be  the  sole  judge  of  what  material  is  suit- 
able for  re-erection  in  the  new  structure. 

The  'cost  of  all  drilling  and  cutting  and  of  removing  and 
redriving  rivets  is  included  in  the  prices  stipulated  in  Schedule 
Items  19,  19-B,  19-C  and  19-R  and  no  payment  therefor  will 
be  made  under  any  other  Schedule  Item  or  otherwise. 

The  Contractor  may  be  required  to,  and  if  required  shall,  as 
a  part  of  the  work  under  this  contract,  make  any  or  all  of  the 
following  alterations  and  additions  to  the  structures,  machinery 
and  facilities  in  or  about  the  existing  shops  of  the  Interborough 
Company  and  in  the  addition  to  shops  to  be  constructed  under 
this  contract,  such  alterations  and  additions,  as  at  present  con- 
templated, comprising  work  about  as  follows :  The  removal  of 
540  lineal  feet  of  existing  tracks  (the  material  removed  to  remain 
the  property  of  the  Interborough  Company  and  to  be  stored  at 
or  near  the  Lenox  Avenue  and  148th  Street  Yard  as  directed 

86 


SPECIFICATIONS SPECIAL    MATTERS 

by  the  Engineer),  the  furnishing  and  installing  of  three  standard 
bumpers  at  ends  of  inspection  pits  and  the  removal  and  disposal 
of  56  cubic  yards  of  concrete  pit  walls ;  the  furnishing  and  con- 
structing of  foundations  for  two  wheel  presses,  foundations  for 
four  wheel  lathes,  and  foundations  for  two  swing  jib  cranes; 
the  furnishing  and  installing  of  2,000  square  feet  of  galvanized 
corrugated  iron  partition  (No.  24  gauge)  ;  the  furnishing  and  con- 
structing of  a  new  timber  floor  about  14  inches  higher  than  the 
existing  floor,  involving  the  furnishing  and  placing  of  100  cubic 
yards  of  concrete  filler  for  sleepers,  14,000  feet  board  measure  of 
6-inch  by  8-inch  timber,  17,000  feet  board  measure  of  2-inch  by 
5-inch  ship  lap  flooring  and  410  lineal  feet  of  track  of  2^-inch 
by  %-inch  strap  bars ;  the  furnishing  and  placing  of  supports  for 
ten  3-ton  electric  hoists  or  cranes,  such  work  consisting  of  the 
furnishing  and  placing  of  30  cubic  yards  of  concrete  foundations 
for  steel  framing  for  crane  runways,  64  tons  of  steel  work  form- 
ing such  crane  runways,  three  tons  of  crane  running  rails  weigh- 
ing twenty  (20)  pounds  per  yard,  the  making  of  75  cubic  yards 
of  excavation  for  the  foundations  of  said  crane  runways  and  the 
restoring  of  525  square  feet  of  concrete  floor ;  the  removing  and 
disposing  of  575  square  feet  of  4-inch  reinforced  concrete  wall; 
the  making  of  changes  in  telpher  track  system,  including  the 
removal  and  relocation  of  210  lineal  feet  of  15-inch  I-beam 
straight  track,  the  removal  and  relocation  of  40  lineal  feet  of  15- 
inch  I-beam  curved  track,  the  furnishing  and  installing  of  400 
lineal  feet  of  15-inch  I-beam  straight  track  and  60  lineal  feet 
of  15-inch  I-beam  curved  track;  the  excavating  for  and  the 
furnishing  and  constructing  of  foundations  for  appurtenances 
of  the  new  blacksmith  shop  in  the  addition  to  shops  to  be 
constructed  under  this  contract,  and  the  taking  up  and  removal 
from  the  existing  shops  of  250  lineal  feet  of  duct  line  and 
the  relocating  of  such  duct  line  in  the  addition  to  shops  to  be 
constructed  under  this  contract;  and  the  removing  and 
reconstructing  of  partitions  for  air  and  tool  rooms.  Inasmuch 
as  the  Interborough  Company  will  at  all  times  during  the 
progress  of  the  work  under  this  contract  require  the  use,  with- 
out interference,  of  its  existing  shops  for  the  maintenance  of  its 
equipment  and  rolling  stock,  the  Contractor  will  be  required  to 
allow  and  arrange  with  the  Interborough  Company  to  furnish 
the  material  required  for  the  above  mentioned  work  and  to  do  all 

87 


SPECIFICATIONS — SPECIAL    MATTERS 

the  work  for  the  installation  thereof,  and  payment  for  the  above 
mentioned  work  and  materials  will  be  made  to  the  Contractor 
as  provided  in  Article  XII  except  that  in  no  case  will  the  Con- 
tractor be  required  to  receive  payment  for  any  of  such  work  and 
materials  at  the  prices  stipulated  in  the  Schedule  of  Unit  Prices, 
the  intention  being  that  the  Contractor  for  such  work  and  mate- 
rials will  be  paid  at  cost  plus  ten  per  centum  (10%)  as  provided 
in  Article  XII  unless  unit  prices  or  lump  sum  prices  be  agreed 
upon  as  provided  in  the  third  paragraph  of  said  Article  XII. 


88 

• 


CHAPTER  IV 
SECURITY  TO  BE  FURNISHED  BY  CONTRACTOR 

ARTICLE  XXVII.  Simultaneously  with  the  execution  and 
delivery  of  this  contract  the  Contractor  shall  give  security  for 
the  performance  of  his  obligation  by  filing  with  the  Comptroller 
a  bond  in  the  form  annexed  hereto  and  entitled  "Form  of  Con- 
tractor's Bond,"  executed  by  the  Contractor  and  by  two  or  more 
sureties  to  be  corporations  or  persons  approved  by  the  Commis- 
sion in  the  sum  of  ten  thousand  dollars  ($10,000).  The  execu- 
tion of  the  bond  must  be  duly  proved  before  the  delivery  of  the 
bond  in  the  form  of  proof  essential  to  entitle  a  deed  to  record  in 
the  State  of  New  York  and  full  affidavits  of  justification  of  the 
sureties  must  be  added.  In  case  any  of  the  sureties  upon  the  bond 
shall  become  insolvent  or  unable  in  the  opinion  of  the  Commission 
to  pay  promptly  the  amount  of  such  bond  to  the  extent  to  which 
such  surety  might  be  liable,  then  the  Contractor  within  ten  (10) 
days  after  notice  by  the  Commission  to  the  Contractor  shall,  by 
supplemental  bond  or  otherwise,  substitute  another  and  sufficient 
surety  approved  by  the  Commission  in  place  of  the  surety  so  in- 
solvent or  unable.  If  the  Contractor  shall  fail,  within  such  ten 
(10)  days  or  such  further  time,  if  any,  as  the  Commission  may 
grant,  to  substitute  another  and  sufficient  surety,  then  the  Con- 
tractor shall,  if  the  Commission  so  elect,  be  deemed  to  be  in 
default  in  the  performance  of  his  obligations  hereunder  and  upon 
the  said  bond,  and  in  addition  to  any  and  all  other  remedies  the 
Commission  may  terminate  this  contract  or  may  bring  any  proper 
suit  or  proceeding  against  the  Contractor  and  the  sureties  or 
either  of  them  or  may  require  the  Comptroller  to  deduct  from 
any  moneys  then  due  or  which  thereafter  may  become  due  to  the 
Contractor  under  this  contract  the  amount  for  which  the  surety 
insolvent  or  unable  as  aforesaid  shall  be  held  and  bound  upon  the 
bond;  and  the  moneys  so  deducted  shall  be  held  by  the  Comp- 
troller as  collateral  security  for  the.  performance  of  the  condition 
of  the  bond  and  such  moneys  shall  in  such  case  be  deemed  to  have 
been  paid  to  the  Contractor  upon  this  contract. 

ARTICLE  XXVIII.  The  Contractor  may,  upon  the  approval 
of  the  Commission,  deposit  with  the  Comptroller  in  lieu  of  said 
bond  cash  equal  in  amount  to  the  entire  amount  of  the  said  bond 
or  securities  which  are  worth  not  less  than  the  entire  amount  of 

89 


SECURITY  TO  BE  FURNISHED  BY  CONTRACTOR 

such  bond.     If  securities  be  deposited,  they  shall  be  securities 
which  are  lawful  for  the  investment  of  funds  of  savings  banks 
within  the   State  of  New  York  and  shall  be  approved  by  the 
Commission.    A  schedule  of  such  securities  with  their  values  shall 
be  annexed  hereto  and  entitled  "  Schedule  of   Securities,"  and 
there  shall  be  deposited  with  such  securities  the  written  approval 
of  the  Commission  which  it  shall  give  when  satisfied  as  to  the 
character  and  value  thereof.    All  securities  when  deposited  must 
be  payable  to,  or  run  in  favor  of,  or  be  transferred  to,  the  Comp- 
troller.    In  case  any  of  the  securities  so  deposited  shall,  in  the 
opinion  of  the  Commission,  at  any  time  cease  to  be  of  the  char- 
acter of  securities  which  are  lawful  for  the  investment  of  funds 
of  savings  banks  within  the   State  of   New  York,  or  shall,  in 
the  opinion  of  the  Commission,  at  any  time  become  of  less  value 
than  the  value  stated  for  it  or  them  in  the  said  schedule,  then 
within  ten  (10)  days  after  notice  to  the  Contractor  of  the  objec- 
tion of  the  Commission,  the  Contractor  shall  either  substitute 
therefor  securities  which  shall  be  approved  by  the  Commission 
as  of  the  character  aforesaid  and  as  being  of  at  least  the  value 
of   the   former   securities  to   which  the   Commission  shall  have 
objected  as  such  value  was  originally  stated  in  the  said  schedule 
or  shall  deposit  with  the  Comptroller  in  cash  the  amount  of  such 
value  of  such  former  securities  as  so  originally  stated.      In  case 
the  Contractor  shall  not  within  such  ten  ( 10)  days  or  such  further 
time,  if  any,  as  the  Commission  may  grant  substitute  such  new 
securities  or  make  such  deposit  of  cash,  he  shall, 'if  the  Commis- 
sion so  elect,  be  deemed  to  be  in  default  in  the  performance  of 
his  obligations  under  this  contract ;  and  in  addition  to  any  and  all 
other  remedies  against  the  Contractor,  the  Commission  may  re- 
quire the  Comptroller  to  deduct  from  any  moneys  then  due  or 
which  thereafter  may  become  due  to  the  Contractor  under  this 
contract  the  amount  of  the  original  valuation  of  such  securities 
objected  to,  and  to  hold  such  amount  in  lieu  of  such  securities  as 
if  part  of  the  original  deposit  or  as  if  deposited  with  the  Comp- 
troller as  aforesaid,  and  such  moneys  shall  in  such  case  be  deemed 
to  have  been  paid  to  the  Contractor  upon  this  contract.     The 
securities  so  objected  to  shall  upon  such  substitution  of  securities 
or  deposit  of  cash  in  lieu  thereof  be  returned  to  the  Contractor. 
The  City  shall  from  time  to  time  collect  all  interest,  divi- 

90 


SECURITY    TO    BE    FURNISHED    BY    CONTRACTOR 

(lends  and  other  income  on  any  securities  deposited  by  the  Con- 
tractor and  shall  pay  the  same,  when  and  as  collected,  to  the  Con- 
tractor. If  the  securities  are  in  the  form  of  coupon  bonds  the 
coupons  as  they  respectively  become  due  shall  be  delivered  to  the 
Contractor.  If  the  deposit  be  made  in  cash,  interest  shall  be  paid 
to  the  Contractor  on  such  deposit  at  the  average  rate  of  interest 
received  by  the  City  on  its  bank  balances  during  such  period. 
Provided,  however,  that  the  Contractor  shall  not  be  entitled  to 
interest,  dividends  or  other  income  on  any  cash  which  shall  be 
used  or  applied  as  hereinafter  provided  or  on  any  securities  the 
proceeds  of  which  shall  be  used  or  applied  as  hereinafter  pro- 
vided. 

ARTICLE  XXIX.  The  said  deposit,  whether  in  cash  or  securi- 
ties, in  the  form  and  as  the  same  shall  at  any  time  be,  shall  be 
security  for  the  faithful  performance  by  the  Contractor  of  all 
the  covenants,  conditions  and  requirements  specified  and  pro- 
vided for  in  this  contract.  In  case  of  any  default  on  the  part  of 
the  Contractor  in  such  performance,  and  in  the  further  case  that 
the  City  shall  for  or  by  reason  of  such  default,  whether  by  reason 
of  employment  of  another  contractor  or  contractors  or  otherwise, 
incur  or  become  liable  for  expense  or  be  required  to  make  any 
payment  or  incur  or  suffer  any  loss  or  damage,  then  the  Comp- 
troller shall,  upon  the  requirement  of  the  Commission,  forthwith 
pay  or  apply  to  the  use  of  the  City  the  amount  of  such  expense, 
payment,  loss  or  damage,  including  any  liquidated  damages,  out 
of  the  said  deposit  in  cash  or  securities  or  out  of  the  portion  of 
the  deposit  remaining  at  the  time. 

ARTICLE  XXX.  If  such  deposit  be  in  securities,  the  Comp- 
troller shall,  upon  the  requirement  of  the  Commission,  in  order 
to  make  such  payment  or  application  to  the  use  of  the  City,  sell 
at  public  auction  in  New  York  any  of  the  securities  which  may 
then  constitute  part  of  such  deposit  upon  notice  to  be  published 
in  three  (3)  daily  newspapers,  the  first  publication  to  be  not  less 
than  ten  (10)  days  before  the  sale  and  such  publication  to  be 
made  three  (3)  times  within  such  ten  (10)  days.  The  Comp- 
troller in  his  discretion  may,  and  upon  the  requirement  of  the 
Commission  shall,  adjourn  such  sale  from  time  to  time  by  an- 
nouncement at  the  time  and  place  appointed  for  such  sale  or  for 
such  adjourned  sale  or  sales;  and  without  further  notice  or 
publication,  he  may  make  such  sale  at  the  time  and  place  to  which 

91 


SECURITY  TO  BE  FURNISHED  BY  CONTRACTOR 

the  same  shall  be  so  adjourned.  The  Comptroller  shall,  uppn  the 
requirement  of  the  Commission,  deduct  from  the  proceeds  of  any 
such  sale  all  expenses  thereof  and  of  such  advertisement  and  pay 
and  apply  to  the  use  of  the  City  so  much  of  the  residue  of 
such  proceeds  as  may  be  necessary  for  the  purpose  aforesaid. 
And  the  Contractor  within  ten  (10)  days  after  notice  from  the 
Commission  so  to  do  shall,  by  further  deposit,  according*  to  the 
requirement  of  the  Commission,  of  money  or  securities  of  the 
character  aforesaid  approved  by  the  Commission  restore  the  said 
deposit  with  the  Comptroller  to  the  full  amount  originally  re- 
quired; and  in  case  the  Contractor  shall  not  within  such  ten  (10) 
days  or  such  further  time,  if  any,  as  may  be  granted  by  the 
Commission,  make  such  further  deposit  of  money  or  securities 
he  shall,  if  the  Commission  so  elect,  be  deemed  to  be  in  default 
in  the  performance  of  his  obligation  under  this  contract;  and  in 
addition  to  any  and  all  other  remedies  against  the  Contractor  the 
Commission  may  require  the  Comptroller "  to  deduct  from  any 
moneys  then  due  or  which  thereafter  may  become  due  to  the 
Contractor  under  this  contract  such  amount  as  may  be  necessary 
to  restore  the  said  deposit  with  the  Comptroller  to  the  full  amount 
originally  required ;  and  the  Comptroller  shall  hold  the  money  -so 
deducted  as  if  part  of  the  original  deposit  or  as  if  deposited  with 
him  as  aforesaid ;  and  such  moneys  shall  in  such  case  be  deemed 
to  have  been  paid  to  the 'Contractor  upon  this  contract.  In  addi- 
tion to,  or  in  lieu  of,  the  sale  above  provided  for,  the  Commission 
may,  in  the  name  and  in  behalf  of  the  City,  bring  any  appropriate 
suit  or  proceeding  in  any  proper  court  to  enforce  the  lien  and 
claim  of  the  City  in  and  upon  the  said  deposit,  whether  such  de- 
posit be  in  moneys  or  securities. 

ARTICLE  XXXI.  If  at  any  time  when  the  Contractor  shall 
otherwise  be  entitled  to  a  return  of  the  said  deposit,  there  shall 
be  pending  any  claim  for  injury  or  alleged  injury  to  person  or 
property  occurring  or  alleged  to  have  occurred  on  account  of  the 
work  hereunder,  whether  by  reason  of  the  negligence,  fault  or 
default  of  the  Contractor  or  otherwise,  or  any  claim  for  in- 
fringement or  alleged  infringement  of  patents,  or  any  other  claim 
on  account  of  any  neglect,  fault  or  default  or  alleged  neglect, 
fault  or  default  of  the  Contractor,  for  which  it  shall  be  claimed 
that  the  City  shall  be  liable,  then  and  in  that  case  the  said  de- 

92 


SECURITY  TO  BE  FURNISHED  BY  CONTRACTOR 

posit,  including  all  interest,  dividends  and  other  income  there- 
after accruing  thereon,  or  such  part  thereof  as  the  Commission 
may  prescribe  shall,  upon  the  requirement  of  the  Commission, 
be  reserved  by  the  Comptroller  as  security  against  such  claims 
for  a  time  not  exceeding  the  time  when  such  claims  would  be 
legally  barred.  If  and  when  the  liability  of  the  City  on  such 
claim  or  claims  shall  have  been  established  by  a  judgment  of  a 
court  of  competent  jurisdiction  or  such  claim  or  claims  shall  have 
been  admitted  by  the  Contractor  to  be  valid,  the  City  may  deduct 
the  amount  of  such  claim  or  claims  from  the  said  deposit  before 
the  balance  of  the  said  deposit  shall  be  returned  to  the  Contractor 
as  hereinafter  provided.  For  the  purpose  of  making  such  deduc- 
tion the  Comptroller  may  sell  any  of  the  securities  which  may 
constitute  part  of  such  deposit  in  the  manner  provided  in  Article 
XXX. 

ARTICLE  XXXII.  When  the  Contractor  shall  have  fully 
completed  the  Works  according  to  the  terms  of  this  contract 
and  the  Commission  shall  so  certify,  the  Comptroller  shall  pay 
and  deliver  to  the  Contractor  the  said  deposit  or  so  much  thereof 
as  shall  not  be  reserved,  or  shall  not  have  been  used  or  applied, 
for  any  of  the  purposes  herein  mentioned. 

ARTICLE  XXXIII.  In  addition  and  as  further  security  there 
shall  be  deducted  and  retained  ten  per  centum  (10%)  of  the 
amounts  certified  from  time  to  time  to  be  due  to  the  Con- 
tractor. Such  retained  percentages  shall  be  held  as  further 
security  for  the  faithful  performance  by  the  Contractor  of  all 
the  conditions,  covenants  and  requirements  specified  and  pro- 
vided for  in  this  contract.  The  Contractor  may  from  time  to  time 
withdraw  portions  of  the  amounts  so  retained  upon  depositing 
with  the  Comptroller  corporate  stock  of  the  City  of  a  market 
value  equal  to  the  amount  withdrawn,  in  which  event  the  pro- 
visions of  this  chapter  in  respect  of  securities  shall  apply  to  such 
corporate  stock. 


93 


CHAPTER  V 
PAYMENTS  TO  CONTRACTOR 

ARTICLE  XXXV.  In  order  to  assist  the  Contractor  to  prose- 
cute the  work  advantageously,  the  Engineer  shall,  from  time 
to  time,  as  the  work  progresses,  but  not  more  often  than 
once  a  month,  make  in  writing  an  estimate  such  as  in  his 
opinion  shall  be  just  and  fair,  of  the  amount  and  value  of  the 
work  done  and  materials  incorporated  in  the  work  by  the  Con- 
tractor according  to  the  terms  of  this  contract  (but  it  is  under- 
stood that  in  making  such  estimates  the  Engineer  shall  not  neces- 
sarily be  governed  by  the  prices  contained  in  the  Schedule  of 
Unit  Prices),  provided,  however,  that  estimates  may  at  any 
time  be  withheld  or  reduced,  if,  in  the  opinion  of  the  Engineer, 
the  work  is  not  proceeding  in  accordance  with  this  contract.  The 
first  such  estimate  shall  be  of  the  amount  and  value  of  the  work 
done  and  materials  incorporated  in  the  work  since  the  Contractor 
commenced  the  performance  of  this  contract  on  his  part.  Every 
subsequent  estimate  except  the  final  estimate  shall  be  of  the 
amount  and  value  of  the  work  done  and  materials  incorporated 
in  the  work  since  the  last  preceding  estimate  was  made,  provided, 
however,  that  no  such  estimate  shall  be  required  to  be  made 
when,  in  the  judgment  of  the  Engineer,  the  total  value  of  the 
work  done  and  materials  incorporated  in  the  work  since  the  last 
preceding  estimate  amounts  to  less  than  ten  thousand  dollars 
($10,000).  The  Engineer  shall  further  include  accepted  new 
structural  steel  of  all  classes  delivered  on  the  site  of  the  work 
x>r  on  property  owned  or  leased  by  the  City,  but  not  incorporated 
in  the  work,  at  an  amount  equal  to  sixty  per  centum  (60%) 
of  an  average  price  for  such  steel.  Such  average  price  shall  be 
obtained  by  dividing  the  sum  of  the  prices  stipulated  in  Sched- 
ule Items  19  and  20  by  two.  Any  structural  steel  included  in 
a  partial  estimate  which  may  subsequently  become  lost,  dam- 
aged or  unsatisfactory  shall  be  deducted  from  succeeding  partial 
estimates.  All  such  steel  so  accepted  shall  be  and  become  the 
property  of  the  City,  and  the  Contractor  at  his  own  expense 
shall  promptly  execute,  acknowledge  and  deliver  or  cause  to  be 
executed,  acknowledged  and  delivered  to  the  Commission  for  any 
and  all  such  steel  included  in  any  such  partial  estimate  proper 
bills  of  sale  or  other  instruments  in  writing  in  a  form  and  as  re- 


94 


PAYMENTS    TO    CONTRACTOR 

quired  by  Counsel  to  the  Commission  from  the  Contractor  and 
from  any  person,  firm  or  corporation  manufacturing  for,  or  sell- 
ing or  shipping  or  delivering  to  the  Contractor  any  such  steel, 
conveying  and  assuring  to  the  City  title  to  such  steel  included  in 
such  estimate  free  from  all  liens  and  encumbrances  and  the  Con- 
tractor at  his  own  expense  shall  mark  such  steel  as  the  property 
of  the  City  and  shall  take  such  other  steps,  if  any,  as  Counsel  to 
the  Commission  may  require  or  regard  as  necessary  to  vest  title 
in  the  City  to  such  steel  free  from  all  liens  and  encumbrances. 
No  materials  not  incorporated  in  the  work,  excepting  such 
structural  steel,  shall  be  included  in  any  estimate. 

ARTICLE  XXXVI.  Such  estimates  shall  not  be  required  to 
be  made  by  strict  measurement,  but  they  may  be  made  by  meas- 
urement or  by  estimation,  or  partly  by  one  method  and  partly 
by  the  other,  and  it  shall  be  sufficient  if  they  are  approximate 
only. 

ARTICLE  XXXVII.  Upon  each  such  estimate  being  made 
and  certified  in  writing  to  the  Commission,  the  Commission  shall 
prepare  and  certify  a  voucher  for  ninety  per  centum  (90%)  of 
the  amount  stated  in  such  estimate  or  certified  to  be  the  value  of 
the  work  done  and  materials  furnished  as  provided  in  Article 
XXXV,^and  the  City  shall  within  thirty  (30)  days  after  the  date 
of  the  certification  of  such  voucher  by  the  Commission  pay  the 
same ;  provided,  however,  that  the  City  may  at  all  times  reserve 
and  retain  from  said  partial  payments  or  any  of  them,  in  addi- 
tion to  the  ten  per  centum  (10%)  mentioned  in  Article  XXXIII 
to  be  retained  and  reserved,  any  sum  or  all  sums  which  by  the 
terms  hereof  or  of  any  law  of  the  State  of  New  York  it  is  or 
may  be  authorized  to  reserve  or  retain. 

ARTICLE  XXXVIII.  Whenever,  in  the  opinion  of  the  En- 
gineer, the  Contractor  shall  have  completely  performed  this 
contract  on  his  part  and  all  work  under  this  contract,  the  Engi- 
neer shall  so  certify  in  writing  to  the  Commission  and  in  his 
certificate  shall  state  from  actual  measurements  the  whole  amount 
of  work  done  by  the  Contractor  and  also  the  value  of  such  work 
under  and  according  to  the  terms  of  this  contract.  On  the 
expiration  of  forty  (40)  days  after  the  acceptance  by  the  Com- 

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PAYMENTS   TO    CONTRACTOR 

mission  of  the  work  herein  agreed  to  be  done  by  the  Contractor 
and  the  filing  of  a  certificate  of  the  completion  and  acceptance  of 
said  work  in  the  office  of  the  Comptroller  signed  by  the  Engineer 
and  the  Commission,  the  City  shall  pay  to  the  Contractor  the 
amount,  if  any,  remaining  after  deducting  from  the  amount  or 
value  of  such  work  under  and  according  to  the  terms  of  this 
contract  as  stated  in  such  last-mentioned  certificate  all  such 
sums  as  shall  theretofore  have  been  paid  to  the  Contractor  under 
any  of  the  provisions  of  this  contract  (exclusive  of  interest,  if 
any,  paid  under  the  provisions  of  Article  XXXIX)  and  also  any 
sum  or  all  such  sums  of  money  as  by  the  terms  hereof  the  City 
is  or  may  be  authorized  to  reserve  or  retain ;  provided,  however, 
that  nothing  herein  contained  shall  be  construed  to  affect  the 
right,  hereby  reserved,  of  the  Commission  to  reject  the  whole  or 
any  portion  of  the  aforesaid  work,  should  the  said  certificate  be 
found  or  known  to  be  inconsistent  with  the  terms  of  this  con- 
tract, or  otherwise  improperly  given.  All  prior  certificates  upon 
which  partial  payments  may  have  been  made,  being  merely  esti- 
mates, shall  be  subject  to  correction  in  the  final  certificate,  which 
final  certificate  may  be  made  without  notice  thereof  to  the  Con- 
tractor or  of  the  measurements  upon  which  it  is  based. 

ARTICLE  XXXIX.  If  the  payment  of  the  amount  due  the 
Contractor  on  any  voucher  shall  be  delayed  beyond  the  time 
stipulated  in  Article  XXXVII  in  the  case  of  partial  payment, 
or  Article  XXXVIII  in  the*  case  of  final  payment,  the  City 
shall  pay  the  Contractor  interest  on  such  amount  at  the  rate  of 
four  and  one-half  per  centum  (4^%)  per  annum  for  the  period 
of  such  delay ;  it  being  understood  that  such  payments  of  interest, 
if  any,  are  to  be  in  lieu  of  any  claim  of  the  Contractor  for  alleged 
damages  for  breach  of  contract  or  otherwise  in  case  of  delayed 
payments.  Provided,  however,  that  the  Contractor  shall  not  be 
entitled  to  interest  on  any  sum  or  sums  which  by  the  terms 
hereof  or  of  any  law  of  the  State  of  New  York  the  City  may  be 
authorized  to  reserve  or  retain.  The  term  for  which  interest  shall 
be  paid  shall  be  reckoned  to  the  date  of  payment  of  the  voucher 
from  the  following  dates :  in  the  case  of  a  partial  payment  from 
the  thirtieth  day  after  the  certification  of  such  voucher  by  the 
Commission,  and  in  the  case  of  the  final  payment  for  the  work 
from  the  fortieth  day  after  the  acceptance  of  the  work  by  the 

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PAYMENTS    TO    CONTRACTOR 

Commission  and  the  filing  of  said  certificate  of  the  completion 
and  acceptance  of  said  work  in  the  office  of  the  Comptroller. 
The  date  of  payment  of  a  voucher  shall  be  considered  the  day 
on  which  the  voucher  is  ready  for  payment  as  evidenced  by  the 
records  of  the  Department  of  Finance.  If  interest  shall  become 
due  on  any  partial  payment  the  amount  thereof,  as  determined 
by  the  Commission,  shall  be  added  to  a  succeeding  payment.  If 
interest  shall  become  due  on  a  final  payment  it  shall  be  paid  on 
a  supplementary  voucher  prepared  by  the  Commission  and  for- 
warded to  the  Comptroller  for  payment  in  the  usual  manner. 

ARTICLE  XL.  The  City  shall  not  nor  shall  any  department 
or  officer  thereof  be  precluded  or  estopped  by  any  return  or 
certificate  made  or  given  by  the  Commission,  the  Engineer,  or 
other  officer,  agent  or  appointee  thereof  under  any  provision  of 
this  contract,  from  at  any  time  either  before  or  after  the  final 
completion  and  acceptance  of  the  work  and  payment  therefor 
pursuant  to  any  such  return  or  certificate,  showing  the  true  and 
correct  classification,  amount,  quality  and  character  of  the  work 
done  and  materials  furnished  by  the  Contractor  or  any  other 
person  under  this  contract  or  the  reasonable  value  of  work  done 
under  Article  XII  of  this  contract  or  from  showing  at  any  time 
that  any  such  return  or  certificate  is  untrue  and  incorrect  or 
improperly  made  in  any  particular,  or  that  the  work  and  materials, 
or  any  part  thereof,  do  not  in  fact  conform  to  the  specifications ; 
and  the  City  shall  not  be  precluded  or  estopped,  notwithstanding 
any  such  return  or  certificate  and  payment  in  accordance  there- 
with, from  demanding  and  recovering  from  the  Contractor  such 
damages  as  it  may  sustain  by  reason  of  his  failure  to  comply  with 
this  contract  or  the  specifications. 

ARTICLE  XLL  Neither  the  acceptance  of  the  Commission  or 
its  Engineer,  or  any  of  its  employees,  nor  any  order,  measure- 
ment or  certificate  by  the  Engineer,  nor  any  order  by  the  Com- 
mission for  payment  of  money,  nor  any  payment  for,  nor  accept- 
ance of,  the  whole  or  any  part  of  the  work,  nor  any  extension 
of  time,  nor  any  possession  taken  by  the  Commission  or  its 
employees,  shall  operate  as  a  waiver  of  any  portion  of  this  con- 
tract or  of  any  power  herein  reserved  to  the  Commission  or  of 
any  right  to  damages  herein  provided;  nor  shall  any  waiver  of 

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PAYMENTS    TO    CONTRACTOR 

any  breach  of  this  contract  be  held  to  be  a  waiver  of  any  other 
or  subsequent  breach. 

ARTICLE  XLII.  The  acceptance  by  the  Contractor  of  the 
final  payment  for  the  work  shall  be  and  shall  operate  as  a  release 
to  the  City  from  all  claim  and  liability  to  the  Contractor  for  any- 
thing done  or  furnished  for,  or  relating  to,  the  work  or  for  any 
act,  neglect,  fault  or  default  of  the  Commission,  the  City  or  of 
any  person  relating  to  or  affecting  the  work,  except  only  the 
claim  against  the  City  for  the  remainder,  if  any  there  be,  of  the 
amounts  kept  or  retained  as  provided  in  this  contract. 

ARTICLE  XLIII.  If  the  Contractor  shall  claim  compensation 
for  any  damage  sustained  by  reason  of  any  act,  neglect,  fault  or 
default  .of  the  City  or  the  Commission  or  their  agents,  he  shall, 
within  ten  (10)  days  after  the  sustaining  of  such  damage,  make 
a  written  statement  to  the  Engineer  of  the  nature  of  the  damage 
sustained.  On  or  before  the  fifteenth  day  of  the  month  succeed- 
ing that  in  which  any  such  damage  shall  have  been  sustained, 
the  Contractor  shall  file  with  the  Engineer  an  itemized  statement 
of  the  details  and  amount  of  such  damage,  and  unless  such  state- 
ment shall  be  made  as  thus  required,  his  claim  for  compensation 
shall  be  forfeited  and  invalidated  and  he  shall  not  be  entitled  to 
payment  on  account  of  any  such  damage. 

ARTICLE  XLIV.  If  at  any  time  before  or  within  thirty  (30) 
days  after  the  whole  work  agreed  herein  to  be  performed  has 
been  completed  and  accepted  by  the  City,  any  person  or  persons 
claiming  to  have  performed  any  labor  or  furnished  any  material 
toward  the  performance  or  completion  of  this  contract  shall  file 
with  the  Commission  and  with  the  Comptroller  any  such  notice 
as  is  described  in  the  Lien  Law,  the  City  may  retain  from  any 
moneys  which  would  otherwise  be  payable  to  the  Contractor  here- 
under  by  the  City  an  amount  or  amounts  sufficient  to  satisfy  and 
discharge  the  amount  in  such  notice  claimed  to  be  due,  together 
with  the  costs  of  any  action  or  actions  brought  to  enforce  such 
lien  created  by  the  filing  of  such  notice,  until  such  lien  shall  be 
discharged  as  provided  by  law.  If  such  lien  shall  be  foreclosed 
according  to  law,  then  the  City  may  pay  the  amount  necessary 

98 


PAYMENTS    TO    CONTRACTOR 

to  satisfy  such  lien,  with  interest  and  costs,  to  the  person  entitled 
thereto,  and  such  payment  shall  be  deemed  to  be  a  payment  here- 
under  to  the  Contractor  by  the  City.  If  the  amount  or  amounts 
so  retained  shall  not  be  sufficient  to  satisfy  such  lien  so  fore- 
closed with  interest  and  costs,  the  deficiency  may  be  retained  by 
the  City  out  of  any  moneys  thereafter  becoming  due  to  the 
Contractor  hereunder. 


99 


CHAPTER  VI 

CONTRACTOR'S  LIABILITY  FOR  INJURIES  TO  PER- 
SONS OR  PROPERTY 

ARTICLE  XLV.  The  Contractor  expressly  admits  and  cove- 
nants that  the  drawings  and  specifications  and  other  provisions 
of  this  contract,  if  the  work  be  done  without  fault  or  negli- 
gence on  the  part  of  the  Contractor,  do  not  involve  any  danger 
to  the  foundations,  walls  or  other  parts  of  adjacent,  abutting1 
or  overhead  structures  or  surfaces  and  the  Contractor  will  at 
his  own  expense  make  good  any  damage  that  shall,  in  the  course 
of  construction,  be  done  to  any  such  foundations,  walls  or  other 
parts  of  adjacent,  abutting  or  overhead  structures  or  surfaces. 
The  liability  of  the  Contractor  under  this  covenant  is  absolute 
and  is  not  dependent  upon  any  question  of  negligence  on  his 
part,  or  on  the  part  of  his  agents,  servants  or  employees,  and 
the  neglect  of  the  Engineer  to  direct  the  Contractor  to  take  any 
particular  precautions  or  to  refrain  from  doing  any  particular 
thing,  shall  not  excuse  the  Contractor  in  case  of  any  such 
damage. 

It  is  the  intention  of  the  parties  to  this  contract,  and  it  is 
agreed,  that  in  addition  to  indemnifying  the  City  against  all 
claims  for  damages,  the  Contractor  shall  also  be  liable  to  the 
owners  of  adjacent,  abutting  or  overhead  property  or  struc- 
tures and  to  all  tenants,  lessees  or  occupants  of  such  structures 
for  all  physical  injuries  to  person  or  property  which  may  be 
occasioned  by  the  work  of  construction,  even  in  cases  where  such 
owners,  tenants,  lessees  or  occupants  have  no  legal  claim  against 
the  City  for  such  injuries. 

ARTICLE  XLVI.  The  Contractor  shall  during  the  perform- 
ance of  the  work  safely  maintain  the  traffic  on  streets,  avenues, 
highways  and  other  public  places  as  provided  in  the  specifica- 
tions and  shall  take  all  necessary  precautions  and  place  proper 
guards  for  the  prevention  of  accidents  and  shall  put  up  and 
keep  at  night  suitable  and  sufficient  lights. 

The  Contractor  shall  also  comply  with  the  requirements  of 
the  Interborough  Company,  its  successors  or  assigns,  and  any 
other  lessee  or  operator,  as  to  the  display  of  lights  and  the  use 
of  scaffolding  and  other  structures  in  connection  with  the  work 
under  this  contract  and  shall  also  comply  with  all  other  reason- 

100 


CONTRACTOR'S  LIABILITY 

able  requirements  of  said  Interborough  Company,  its  successors 
or  assigns,  or  of  any  other  lessee  or  operator,  to  the  end  that 
interference  with  the  safe  and  continuous  operation  of  the  exist- 
ing shop  and  tracks  and  interference  with  or  injury  to  employees 
may  be  avoided. 

ARTICLE  XLVII.  The  Contractor  shall  be  solely  responsible 
for  all  damages  or  injuries  to  person  or  property  occurring  on 
account  of  the  work  hereunder  (including  but  not  limited  to  dam- 
ages or  injuries  to  employees  of  the  Interborough  Company,  its 
successors  or  assigns,  or  any  other  lessee  or  operator,  and  includ- 
ing damage  to  the  existing  shop  and  tracks,  their  equipment  or  to 
rolling  stock),  and  shall  indemnify  and  save  harmless  the  City 
from  loss  on  account  of  any  damage  to  the  existing  shop  and 
tracks,  their  equipment  or  to  rolling  stock,  and  from  liability 
upon  any  and  all  claims  on  account  of  such  damages  or  injuries 
to  person  or  property  or  on  account  of  the  interruption  of  train 
operation  or  on  account  of  any  neglect,  fault  or  default  of  the 
Contractor  and  from  all  costs  and  expenses  in  suits  which  may 
be  brought  against  the  City  on  account  of  any  such  damages 
or  injuries  to  person  or  property  or  on  account  of  such  inter- 
ruption or  on  account  of  any  such  neglect,  fault  or  default;  it 
being  distinctly  understood,  stipulated  and  agreed  that  the  Con- 
tractor shall  be  solely  responsible  and  liable  for  and  shall  fully 
protect  and  indemnify  the  City  against  all  claims  for  damages 
to  person  or  property  occasioned  by  or  resulting  from  methods 
or  processes  in  the  work  of  construction  whether  such  damages 
be  attributable  to  negligence  of  the  Contractor  or  his  employees 
or  otherwise.  If  compensation  for  any  such  injury  to  property 
shall  be  included  in  any  judgment  or  award  in  any  action  or  pro- 
ceeding, the  Contractor  shall  upon  demand  promptly  reimburse 
the  City  for  any  payments  made  by  it  on  account  thereof. 

The  Contractor  shall  also  indemnify  and  save  harmless  the 
Interborough  Company,  its  successors  and  assigns,  and  any  other 
lessee  or  operator  .from  loss  on  account  of  any  damage  to  any 
equipment  of  the  existing  Shops  or  to  any  rolling  stock  and  from 
liability  upon  any  and  all  claims  for  damages  for  injuries  to  per- 
son or  property  of  the  employees  of  said  Interborough  Com- 
pany, its  successors  or  assigns,  or  any  other  lessee  or  operator, 
including  claims  of  such  employees  under  the  Workmen's  Com- 

101 


CONTRACTOR'S  LIABILITY 

pensation  Law,  occurring  on  account  of  the  work  hereunder, 
whether  due  to  the  negligence,  fault  or  default  of  the  Contractor 
or  otherwise,  and  from  all  costs  and  expenses  in  suits  which  may 
be  brought  against  said  Interborough  Company,  its  successors 
or  assigns,  or  any  other  lessee  or  operator  on  account  of  any  such 
damages  or  injuries  to  person  or  property  of  such  employees. 

In  case  any  damage  shall  occur  to  any  part  of  the  existing  shops 
or  to  any  equipment  thereof  on  account  of  the  work  hereunder, 
whether  caused  by  the  negligence,  fault  or  default  of  the  Con- 
tractor or  otherwise,  the  City  shall  have  the  right  to  cause  such 
damage  to  be  repaired  and  to  charge  the  expense  of  such  repairs 
to  the  Contractor  and  to  deduct  the  amount  of  any  such  expense 
from  any  moneys,  due  or  becoming  due  to  the  Contractor  under 
this  contract;  and  in  case  any  such  damage  shall  be  to  any  such 
equipment,  the  Interborough  Company,  its  successors  or  assigns, 
or  other  lessee  or  operator  shall  have  the  right  to  cause  such 
damage  to  be  repaired  and  the  Contractor  shall  promptly  upon 
demand  pay  the  expense  of  such  repairs  to  the  Interborough 
Company,  its  successors  or  assigns,  or  other  lessee  or  operator 
and  the  City,  acting  by  the  Commission,  may  deduct  and  retain  or 
deduct  and  pay  over  to  said  Interborough  Company,  its  suc- 
cessors or  assigns,  or  other  lessee  or  operator,  the  expense  of 
such  repairs  from  any  moneys  due  or  becoming  due  to  the  Con- 
tractor hereunder. 

The  liability  of  the  Contractor  under  this  Article  is  abso- 
lute, and  is  not  dependent  upon  any  question  of  negligence  on 
his  part  or  on  the  part  of  his  agents,  servants  or  employees, 
and  the  neglect  of  the  Engineer  to  direct  the  Contractor  to  take 
any  particular  precautions  or  to  refrain  from  doing  any  par- 
ticular thing  shall  not  excuse  the  Contractor. 

ARTICLE  XLVIII.  In  case  any  claim  shall  be  made  at  any 
time  by  any  person  or  corporation  against  the  Contractor  or  the 
City  for  injury  or  alleged  injury  to  person  or  property  occurring 
or  alleged  to  have  occurred  on  account  of  the  work  hereunder, 
whether  by  reason  of  the  negligence,  fault  or  default  of  the  Con- 
tractor or  otherwise,  or  for  any  infringement  or  alleged  in- 
fringement of  patents  or  for  any  neglect,  fault  or  default  or  al- 
leged neglect,  fault  or  default  of  the  Contractor,  the  amount  of 
such  claim  or  so  much  thereof  as  the  Commission  may  deem 

102 


CONTRACTOR'S  LIABILITY 

reasonable  shall,  upon  the  requirement  and  in  the  discretion  of 
the  Commission,  be  retained  by  the  Comptroller  out  of  any 
moneys  then  due  or  thereafter  growing  due  to  the  Contractor 
hereunder  (in  addition  to  the  other  sums  herein  authorized  to  be 
so  retained)  as  security  for  the  payment  of  such  claim  or  claims. 
If  and  when  the  liability  of  the  City  or  the  Contractor  on  such 
claim  or  claims  shall  have  been  established  by  a  judgment  of  a 
court  of  competent  jurisdiction  or  such  claim  or  claims  shall  have 
been  admitted  by  the  Contractor  to  be  valid,  the  said  claim  or 
claims  may  be  paid  from  the  amount  so  retained  and  the  balance, 
if  any,  paid  to  the  Contractor.  Should  there  be  any  unsatisfied 
claim  or  claims  for  injury  or  alleged  injury  to  person  or  property 
occurring  or  alleged  to  have  occurred  on  account  of  the  work 
hereunder  whether  by  reason  of  the  negligence,  fault  or 
default  of  the  Contractor  or  otherwise,  or  for  any  infringe- 
ment or  alleged  infringement  of  patents  or  for  any  neglect, 
fault  or  default  or  alleged  neglect,  fault  or  default  of  the 
Contractor  at  the  time  when  the  final  voucher  for  the  work 
is  prepared  and  certified,  the  Commission  shall  have  the  right  to 
retain  out  of  the  final  payment  and  to  deduct  from  the  amount 
of  said  vouchers  or  any  of  them  a  sum  in  its  judgment  sufficient 
to  protect  the  City  in  regard  to  all  unsatisfied  claim  or  claims  as 
aforesaid,  and  in  case  the  amount  thus  retained  should  be  insuffi- 
cient to  pay  the  amount  adjudicated  to  be  due  upon  such  claim 
or  claims,  the  City  may  sue  for  and  recover  from  the  Contractor 
the  amount  or  balance  as  a  debf  from  the  Contractor  to  the  City. 
The  Commission  may  further,  if  in  its  judgment  such  a  course 
is  necessary  or  proper,  at  the  time  of  preparing  and  certifying 
the  final  voucher  for  the  work,  and  as  a  condition  of  preparing 
and  certifying  the  same,  require  the  Contractor  to  continue  his 
bond  or  other  security  or  any  part  thereof  as  security  against 
any  claim  or  claims  then  unsatisfied  or  not  presented  for  a  time 
not  exceeding  the  time  when  such  claim  or  claims  would  be 
legally  barred. 

ARTICLE  XLIX.  The  Contractor  guarantees  the  roof  of  the 
Shop  not  to  leak  within  twenty  (20)  years  after  the  date  of  the 
final  completion  and  acceptance  of  the  Works  and  the  Con- 
tractor, promptly  upon  notice  from  the  Commission  or  the  Engi- 
neer or  the  Interborough  Company,  its  successors  or  assigns,  or 

103 


CONTRACTOR'S  LIABILITY 

other  operator  or  lessee  of  the  Shop,  shall  replace  all  roofing 
(including  that  placed  under  the  provisions  of  this  Article)  which 
shall  leak  within  said  period  of  twenty  (20)  years  and  in  the 
event  of  his  failure  promptly  upon  such  notice  to  replace  such 
roofing,  the  City  or  the  Interborough  Company,  its  successors  or 
assigns,  or  other  operator  or  lessee  of  the  Shop  shall  have  the 
right  to  replace  the  same  and  to  charge  the  expense  thereof  to  the 
Contractor  and  the  Contractor  shall  promptly  pay  all  expense 
incurred  for  that  purpose.  The  Contractor  shall  deposit  with 
the  Commission,  before  the  final  voucher  shall  be  prepared  or 
certified  by  the  Commission  and  before  any  deposit  of  cash  or 
securities  or  any  part  thereof  given  by  the  Contractor  as  security 
for  the  performance  of  this  contract  shall  be  surrendered,  a  bond 
to  the  City,  its  successors,  assigns,  and  lessees,  in  such  form  as 
the  Commission  shall  require  and  duly  executed  and  acknowl- 
edged, in  the  sum  of  one  thousand  dollars  ($1,000)  with  two  or 
more  sureties  to  be  corporations  or  persons  approved  by  the 
Commission,  conditioned  for  the  faithful  performance  by  the 
Contractor  of  all  his  obligations  under  this  Article  and  under  the 
other  provisions  of  this  contract  with  respect  to  such  roofing. 
The  Contractor  shall,  if  so  required  by  the  Commission,  before 
the  final  voucher  shall  be  prepared  or  certified  by  the  Commission 
and  before  said  deposit  or  any  part  thereof  shall  be  surrendered, 
enter  into  a  written  agreement  in  such  form  as  the  Commission 
shall  require  and  duly  executed  and  acknowledged  with  the  Inter- 
borough  Company,  its  successors  or  assigns,  or  other  lessee  or 
operator  of  the  Shop,  whereby  the  Contractor,  in  consideration 
of  one  dollar  ($1)  to  be  paid  to  him  by  said  Interborough  Com- 
pany, its  successors  or  assigns,  or  other  lessee  or  operator  of  the 
Shop,  shall  guarantee  said  roofing  as  aforesaid  and  agree  to 
replace  the  same  as  aforesaid  and  agree  to  pay  the  expense  of 
replacing  the  same,  in  the  event  of  his  failure  to  replace  the  same, 
as  aforesaid.  The  Contractor  shall  further,  if  so  required  by  the 
Commission,  instead  of  giving  such  bond  to  the  City,  give  said 
bond  in  said  sum  of  one  thousand  dollars  ($1,000)  to  the  Inter- 
borough Company,  its  successors  or  assigns,  or  other  lessee  or 
operator  of  the  Shop,  or  both  to  the  City  and  to  said  Interbrough 
Company,  its  successors  or  assigns,  or  other  lessee  or  operator 
of  the  Shop,  such  bond  to  be  conditioned  for  the  replacing  of 
said  roofing  as  aforesaid  and  the  payment  of  the  expense  of 

104 


CONTRACTOR  S    LIABILITY 

replacing  the  same,  in  the  event  of  his  failure  to  replace  the 
same,  as  aforesaid,  and  if^the  Contractor  shall  give  such  bond 
to  the  City,  he  shall  at  any  time  thereafter,  if  so  required  by  the 
Commission,  give  a  new  bond  to  said  Interborough  Company, 
its  successors  or  assigns,  or  other  lessee  or  operator  of  the  Shop, 
or  both  to  the  City  and  said  Interborough  Company;  its  successors 
or  assigns,  or  other  lessee  or  operator  of  the  Shop,  and  in  that 
case  the  bond  given  to  the  City  shall,  upon  the  deposit  of  such 
hew  bond,  be  cancelled  and  surrendered  to  the  Contractor. 

ARTICLE  L.  All  risk  of  loss  or  damage  to  the  Works  or  to 
any  part  thereof  or  to  any  of  the  materials,  plant,  tools,  appli- 
ances or  other  things  used  in  doing  the  work  prior  to  final  com- 
pletion is  assumed  and  shall  be  borne  by  the  Contractor,  and  any 
such  loss  or  damage  shall  be  made  good  by  the  Contractor  at  his 
own  cost,  and  the  construction  shall  be  carried  forward  by  him 
in  accordance  with  this  contract,  without  additional  cost  to  the 
City  by  reason  of  such  loss  or  damage. 


105 


CHAPTER    VII 

CITY    TO    SECURE    CONTRACTOR   AGAINST   INTER- 
FERENCE  BY   INJUNCTIONS,    TO    ACQUIRE 
REAL   ESTATE,   ETC. 

ARTICLE  LI.  The  City  hereby  stipulates  and  covenants  to  and 
with  the  Contractor  that  the  City  will  secure  and  assure  to  the 
Contractor  so  long  as  the  Contractor  shall  perform  the  stipula- 
tions of  this  contract,  the  right  to  construct  the  Shop  as  pre~ 
scribed  in  this  contract  free  of  all  right,  claim  or  other  inter- 
ference, whether  by  injunction,  suit  for  damages  or  otherwise, 
on  the  part  of  any  owner,  abutting  owner,  or  other  person;  but 
not  including  any  interference,  legal  or  otherwise,  by  patentees 
or  persons  claiming  to  be  patentees  of  tools,  methods  or  appli- 
ances. 

ARTICLE  LII.  The  Contractor  shall  hold  himself  and  shall  be 
responsible  for  any  claims  made  against  the  City  for  any  in- 
fringement of  patents  by  the  use  of  patented  tools,  articles  or 
appliances  in  the  performance  or  completion  of  the  work  or  by 
the  use  of  any  process  or  method  connected  with  the  work  or 
by  the  use  of  any  materials  used  upon  the  work;  and  he  shall 
save  harmless  and  indemnify  the  City  from  and  against  all  costs, 
expenses  and  damages  which  the  City  shall  incur  or  be  obliged 
to  pay  by  reason  of  any  such  infringement. 

ARTICLE  LI II.  The  Shop  is  to  be  constructed  within  private 
property  lying  within  the  area  bounded  on  the  south  by  148th 
Street,  on  the  west  by  Seventh  Avenue,  on  the  north  by  150th 
Street  and  on  the  east  by  Lenox  Avenue.  The  City  will  put  the 
Contractor  in  possession  of  the  property  upon  which  the  Shop 
is  to  be  constructed  within  ten  (10)  days  after  ^the  receipt  by 
the  Commission  of  a  written  notice  from  the  Contractor  that 
he  is  ready  to  enter  upon  and  take  possession  of  such  property 
and  proceed  with  his  work  therein.  In  case  the  City  shall  not 
put  the  Contractor  in  possession  of  said  property  within  said 
period  of  ten  (10)  days  and  in  case  the  Contractor  shall  be 
actually  and  necessarily  delayed  by  reason  of  such  failure  on  the 
part  of  the  City,  then  the  time  for  the  completion  of  the  Shop 
shall  be  extended  by  resolution  of  the  Commission  by  the  amount 
of  the  time  of  such  delay  as  determined  by  the  Commission, 

106 


CITY   TO    SECURE    CONTRACTOR 

but  no  allowance  by  way  of  damages  shall  be  made  for  such 
delay.  In  case  the  City  shall  within  said  period  of  ten  (10)  days 
put  the  Contractor  in  possession  of  part  of  said  property  but  not 
of  all  said  property  and  in  case  the  Contractor  shall  be  actually 
and  necessarily  delayed  by  reason  of  the  failure  of  the  Commis- 
sion to  put  him  in  possession  of  all  said  property,  then  the  exten- 
sion of  time  to  be  granted  to  the  Contractor  shall  be  only  for 
the  completion  of  that  portion  of  the  Shop  as  to  which  the 
Contractor  shall  be  so  actually  and  necessarily  delayed  and  the 
Contractor  shall  not  be  entitled  to  an  extension  of  time  for  the 
completion  of  the  balance  of  the  Shop,  nor  shall  he  have  any 
claim  for  damages.  As  provided  in  Article  XXV  the  Contractor 
must  afford  to  the  Interborough  Company,  its  successors  and 
assigns,  and  any  contractors  or  employees  of  the  Interborough 
Company,  its  successors  or  assigns,  a  free  and  uninterrupted 
right  and  easement  of  access  over  a  portion  of  said  property, 
which  portion  will  be  designated  by  the  Commission,  for  access, 
ingress  and  egress. 


107 


CHAPTER    VIII 

TIME    FOR    COMPLETION ,  DAMAGES    FOR    DELAY, 

ETC. 

ARTICLE  LIV.  Time  is  of  the  essence  of  this  contract.  The 
Contractor  shall  begin  actual  work  within  thirty  (30)  days  after 
the  date  of  delivery  of  this  contract  and  shall  thenceforth  prose- 
cute the  work  continuously  and  diligently.  The  entire  work 
covered  by  this  contract  shall  be  completed  in  all  respects  within 
six  (6)  months  from  the  date  of  delivery  of  this  contract. 

ARTICLE  LV.  In  the  event  of  delay  in  completion  of  the 
Works  beyond  the  period  herein  prescribed  or  beyond  the  period 
to  which  such  time  may  be  extended  as  hereinafter  in  this 
Chapter  provided  by  resolution  of  the  Commission,  the  City  shall, 
whether  the  working  force  be  increased  as  provided  in  the  speci- 
fications or  not,  be  paid  damages  for  such  delay.  Inasmuch  as 
the  amount  of  such  damages  will  be  extremely  difficult  to  ascer- 
tain, especially  in  view  of  the  fact  that  the  completion  of  the 
Shop  is  necessary  for  the  full  operation  of  a  railroad  system,  it  is 
hereby  expressly  agreed  that  such  damages  shall  be  liquidated 
and  paid  as  follows :  The  Contractor  shall  pay  to  the  City  for 
each  and  every  day,  except  Sundays  and  legal  holidays,  that  he 
shall  be  in  default  in  completing  the  entire  work  to  be  done  under 
this  contract  the  sum  of  three  hundred  dollars  ($300),  which 
sum  is  hereby"  agreed  upon  not  as  a  penalty  but  as  liquidated 
damages  which  the  City  will  suffer  by  reason  of  such  default. 
The  City  shall  have  the  right  to  deduct  such  amounts  from  any 
moneys  due  or  which  may  thereafter  become  due  to  the  Con- 
tractor under  this  contract.  But  in  case  the  Contractor  shall  be 
actually  and  necessarily  delayed  by  reason  of  any  labor  strike 
not  caused  or  instituted  or  provoked  by  the  Contractor  or  by 
any  subcontractor,  agent  or  representative  of  the  Contractor, 
or  in  case  the  Contractor  shall  be  actually  and  necessarily  delayed 
by  any  injunction  or  by  any  act  of  the  United  States  govern- 
ment or  by  any  interference  of  public  authority  or 
by  the  suspension  of  the  whole  or  any  part  of  the  work  by 
the  Commission  as  provided  in  Article  LVIII,  and  in  case  the 
Contractor  cannot,  notwithstanding  such  strike,  injunction,  inter- 
ference or  suspension,  make  up  for  the  delay  so  occasioned  by 
speedier  work  when  the  Contractor  shall  not  be  so  delayed,  then 
the  said  date  for  completion  shall  except  as  hereinafter  provided 

108 


TIME   FOR   COMPLETION,   DAMAGES   FOR  DELAY,   ETC. 

be  extended  by  resolution  of  the  Commission  to  a  date  later  than 
the  expiration  of  the  said  period  of  six  (6)  months  by  the 
the  amount  of  the  time  of  such  delay  as  determined  by  the 
Commission. 


ARTICLE  LVI.  But  no  injunction,  strike  or  interference  of 
public  authority  shall  be  ground  for  such  extension  unless  and 
until  the  Contractor  shall  give  the  Commission  notice  of  the  in- 
junction or  other  cause  of  delay  with  copies  of  the  injunction  or 
other  orders  and  of  the  papers  upon  which  the  same  shall  have 
been  granted,  and  no  extension  shall  be  granted  except  for  the 
delay  occasioned  after  the  giving  of  such  notice.  Nor  shall  any 
such  extension  be  granted  in  any  case  unless  the  Contractor  shall 
prove  to  the  satisfaction  of  the  Commission  all  the  facts  which 
entitle  him  to  such  extension.  The  Commission  and  the  City  or 
either  shall  be  accorded  the  right  to  intervene  or  become  a  party 
to  any  suit  or  proceeding  in  which  any  such  injunction  shall  be 
obtained  and  to  move  to  dissolve  the  same  or  otherwise,  as  the 
Commission  or  the  City  may  deem  proper.  If  necessary  the 
Corporation  Counsel  or  the  Counsel  to  the  Commission  or  both 
shall  be  authorized  by  the  Contractor  to  appear,  for  that  purpose, 
as  counsel  or  attorneys  for  him. 

ARTICLE  LVIII.  The  Commission  reserves  the  right  of  tem- 
porarily suspending  the  execution  of  the  whole  or  any  part  of 
the  work  herein  contracted  to  be  done,  if  it  shall  deem  it  for  the 
interest  of  the  City  so  to  do,  without  compensation  to  the  Con- 
tractor for  such  suspension  other  than  extending  the  time  for 
completing  the  work,  as  hereinbefore  provided,  as  much  as,  in 
the  opinion  of  the  Commission,  it  may  have  been  delayed  by 
such  suspension.  The  length  of  time  (expressed  in  days  or  parts 
of  days)  during  which  the  work  or  any  part  thereof  has  been 
delayed  by  any  act  or  omission  on  the  part  of  the  City  (all  which 
shall  be  determined  by  the  Commission,  which  shall  certify  to 
the  same  in  writing  and  whose  determination  and  certificate 
thereof  shall  be  binding  and  conclusive  upon  the  Contractor) 
will  be  allowed  to  the  Contractor  and  the  time  for  the  comple- 
tion of  the  Works  shall  be  extended  by  resolution  of  the  Com- 
mission accordingly. 

109 


TIME  FOR  COMPLETION,  DAMAGES  FOR  DELAY,  ETC. 

ARTICLE  LX.  Only  the  actual  delay  necessarily  resulting 
from  one  or  more  of  the  causes  above  mentioned  shall  be  ground 
for  extension  of  time,  and  in  case  the  Contractor  shall  be  delayed 
at  any  time  or  for  any  period  by  two  or  more  of  the  causes  above 
mentioned,  only  one  period  of  extension,  if  any,  shall  be  granted 
for  such  delay  and  the  Contractor  shall  not  be  entitled  to  a 
separate  extension  for  each  one  of  the  causes  so  operating,  it 
being  understood  that  only  the  actual  period  of  necessary  delay, 
as  determined  by  the  Commission,  irrespective  of  the  number  of 
causes  contributing  to  produce  such  delay,  will  be  ground  for 
extension  of  time.  In  case  the  Contractor  shall  be  actually  and 
necessarily  delayed  from  one  or  more  of  the  causes  above  men- 
tioned in  the  performance  of  any  portion  of  the  Works  and  not 
in  the  performance  of  the  entire  Works,  then  the  extension  of 
time  to  be  granted  to  the  Contractor  shall  be  only  for  the  portion 
of  the  Works  as  to  which  the  Contractor  shall  be  so  delayed  and 
the  Contractor  shall  not  be  entitled  by  reason  of  such  delay  to  an 
extension  of  time  for  the  completion  of  the  remainder  of  the 
Works,  it  being  understood  that  if  the  Contractor  shall  be  so 
delayed  as  to  a  portion  of  the  Works  he  shall  nevertheless  pro- 
ceed continuously  and  diligently  with  the  prosecution  of  the  re- 
mainder of  the  Works.  No  demand  by  the  Contractor  that  the 
Commission  determine  and  certify  any  matter  of  extension  of 
time  for  the  completion  of  the  Works  as  aforesaid  will  be  of 
any  effect  whatsoever  unless  the  same  be  made  in  writing  and 
duly  served  upon  the  Commission  prior  to  the  filing  in  the  office 
of  the  Comptroller  of  the  final  certificate  of  the  completion  and 
acceptance  of  the  work,  except  the  maintenance  of  street  surface. 
The  determination  of  the  Commission  as  to  any  matter  of  ex- 
tension of  time  for  completion  of  the  Works  or  any  part  thereof 
arising  under  this  contract  shall  be  binding  and  conclusive. 

ARTICLE  LXI.  The  permitting  of  the  Contractor  to  go  on 
and  finish  the  work  or  any  part  of  it  after  the  time  fixed  for  its 
completion  or  after  the  date  to  which  the  time  for  completion 
may  have  been  extended  or  the  making  of  payments  to  the  Con- 
tractor after  any  of  such  periods  shall  in  no  wise  operate  as  a 
waiver  on  the  part  of  the  City  of  any  of  its  rights  under  this 
contract. 


110 


CHAPTER  IX 
REMEDIES  IN   CASE    OF   CONTRACTOR'S  DEFAULT 

ARTICLE  LXII.  If  the  work  to  be  done  under  this  contract 
shall  be  abandoned  by  the  Contractor,  or  if  this  contract  shall 
be  assigned,  or  the  work  sublet  by  him,  otherwise  than  as  herein 
specified,  or  if  at  any  time  the  Engineer  shall  be  of  opinion, 
and  shall  so  certify  in  writing  to  the  Commission,  that  the  per- 
formance of  this  contract  is  unnecessarily  or  unreasonably  de- 
layed or  that  the  Contractor  is  wilfully  violating  any  of  the 
provisions  or  covenants  of  this  contract  or  of  the  specifications 
or  is  not  executing  the  same  in  good  faith  and  in  accordance  with 
the  terms  hereof,  or  if  the  work  be  not  completed  within  the 
time  prescribed  in  this  contract  for  its  completion  or  within  the 
time  to  which  such  completion  may  be  extended  by  the  Commis- 
sion, or  (in  view  of  the  necessity  for  special  skill  and  ample 
financial  resources  in  the  prosecution  of  the  work)  if  the  Con- 
tractor shall  become  insolvent  or  bankrupt  or  if  his  property  or 
affairs  shall  be  put  in  the  hands  of  a  receiver  or  receivers,  then 
and  in  any  of  such  cases 

( 1 )  The  Commission  may  notify  the  Contractor,  by  a  written 
notice,  to  discontinue  all  work  or  any  part  thereof  under  this 
contract,  and  thereupon  the  Contractor  shall  discontinue  the  work 
or  such  part  thereof,  and  the  Commission  shall  thereupon  have 
the  right  to  contract  for  the  completion  of  the  Works  or  such 
part  thereof  in  the  manner  prescribed  by  law  or  to  place  such  and 
so  many  persons  as  it  may  deem  advisable,  by  contract  or  other- 
wise, to  work  and  complete  the  work  herein  described  or  such 
part  thereof,  to  take  possession  of  and  use  any  or  all  of  the 
materials,  plant,  tools,  equipment,  supplies  and  property  of  every 
kind  provided  by  the  Contractor  for  the  purpose  of  his  work 
and  to  procure  other  materials,  plant,  tools,  equipment,  supplies 
and  property  for  the  completion  of  the  same,  and  to  charge  the 
expense  of  said  labor  and  materials,  plant,  tools,  equipment, 
supplies  and  property  to  the  Contractor.  The  expense  so  charged 
may  be  deducted  and  paid  by  the  City  out  of  such  moneys  as  may 
be  due  or  may  at  any  time  thereafter  grow  due  to  the  Contractor 
under  and  by  virtue  of  this  contract.  And  in  case  such  expense 
of  completing  the  Works  or  such  part  thereof  shall  exceed  the 
amount  which  would  have  been  payable  under  this  contract  for 

111 


REMEDIES  IN  CASE  OF  CONTRACTOR'S  DEFAULT 

the  same  work  and  materials  if  this  contract  had  been  completed 
by  the  Contractor,  he  shall  pay  the  amount  of  such  excess  with 
interest  to  the  City;  and  in  case  such  expense  shall  be  less  than 
the  amount  which  would  have  been  payable  under  this  contract 
for  the  same  work  and  materials  if  this  contract  had  been  com- 
pleted by  the  Contractor,  he  shall  forfeit  all  claim  to  the  dif- 
ference; and  when  any  particular  part  of  the  work  is  being  car- 
ried on  by  the  Commission,  by  contract  or  otherwise,  under  the 
provisions  of  this  Article,  the  Contractor,  unless  he  shall  have 
been  directed  to  discontinue  all  work,  shall  continue  the  re- 
mainder of  the  work  in  conformity  with  the  terms  of  this  contract 
and  in  such  manner  as  in  no  wise  to  hinder  or  interfere  with 
other  contractors  of  the  Commission  or  with  persons  or  workmen 
employed  as  above  provided,  by  the  Commission,  by  contract  or 
otherwise,  to  do  any  part  of  the  work  or  to  complete  the  same 
under  the  provisions  of  this  Article.  The  Contractor  shall  also 
in  any  and  every  such  case  in  which  the  Commission  shall  com- 
plete the  Works  or  any  part  thereof  under  the  provisions  of  this 
Article,  in  addition  to  the  liability  above  expressed,  pay  to  the 
City  as  liquidated  damages  for  any  delay  resulting  from  the  act, 
neglect,  delay,  fault  or  default  of  the  Contractor  in  the  construc- 
tion and  completion  of  said  Shop  which  the  Contractor  herein 
agrees  to  construct  and  build  with  its  appurtenances  the  sum  of 
three  hundred  dollars  ($300)  for  each  and  every  day,  except 
Sundays  and  legal  holidays,  of  such  delay,  which  sum  is  hereby 
agreed  upon  not  as  a  penalty  but  as  liquidated  damages  which 
the  City  will  suffer  by  reason  of  such  delay.  And 

(2)  The  City  may  also  proceed  as  to  the  Commission  shall 
seem  proper  upon  the  Bond  or  other  security  in  its  possession. 
And 

(3)  The  City  may  also  bring  any  suit  or  proceeding  for 
specific  performance  or  for  injunction  or  to  recover  damages  or 
to  obtain  any  other  relief  or  for  any  other  purpose  proper  under 
this  contract. 

ARTICLE  LXIII.  In  case  the  Commission  shall  by  contract 
or  otherwise  complete  the  Works  or  any  part  thereof  under  the 
provisions  of  Article  LXII,  the  Engineer,  upon  the  completion  of 
the  Works  or  such  part  thereof  or  at  any  time  thereafter  upon 

112 


REMEDIES   IN   CASE  OF   CONTRACTOR'S  DEFAULT 

demand  in  writing  by  either  party  hereto  or  from  time  to  time 
during  the  course  of  the  completion  of  the  Works  or  such  part 
thereof  upon  demand  by  the  Commission,  shall  certify  to  the 
amount  of  the  expense  incurred  by  the  City  in  the  completion  of 
the  Works  or  such  part  thereof,  and  said  certificate  shall  be  final 
and  conclusive  and  admissible  in  evidence  against  the  Contractor 
in  any  litigation  arising  or  growing  out  of  this  contract. 

ARTICLE  LXIV.  The  City  may  avail  itself  of  each  and  every 
remedy  herein  specifically  given  to  the  City  or  now  or  hereafter 
existing  at  law  or  in  equity  or  by  statute,  and  each  and  every 
such  remedy  shall  be  in  addition  to  every  other  remedy  so  spe- 
cifically given  or  otherwise  so  existing  and  may  be  exercised  from 
time  to  time  and  as  often  and  in  such  order  as  may  be  deemed 
expedient  by  the  Commission,  and  the  exercise,  or  the  beginning 
of  the  exercise,  of  one  remedy  shall  not  be  deemed  to  be  a  waiver 
of  the  right  to  exercise,  at  the  same  time  or  thereafter,  any  other 
remedy,  except  that  no  two  inconsistent  remedies  shall  be  exer- 
cised at  the  same  time. 


113 


CHAPTER  X 
MISCELLANEOUS  PROVISIONS 

ARTICLE  LXV.  No  correction  or  change  in  this  contract  shall 
be  made  except  by  written  instrument  duly  authorized  by  the 
Commission  and  consented  to  by  the  Contractor  and  by  the 
sureties  upon  his  bond ;  but  this  provision  shall  not  limit  or  affect 
the  right  to  prescribe  variations  whether  of  construction  or  loca- 
tion as  in  this  contract  elsewhere  provided. 

ARTICLE  LXVL  No  claim  shall  be  made  by  the  Contractor 
against  any  member  of  the  Commission  personally  under  or  by 
reason  of  this  contract  or  any  of  its  articles  or  provisions. 

ARTICLE  LXVII.  The  Contractor  shall  not  assign,  transfer, 
convey,  sublet  or  otherwise  dispose  of  this  contract  or  his  right, 
title  or  interest  in  or  to  the  same  or  any  part  thereof  without 
the  previous  consent  in  writing  of  the  Commission,  and  he  shall 
not  assign  by  power  of  attorney  or  otherwise  any  of  the  moneys 
to  become  due  and  payable  under  this  contract  unless  by  and  with 
the  like  consent.  If  the  Contractor  shall  without  such  previous 
written  consent  assign,  transfer,  convey,  sublet  or  otherwise  dis- 
pose of  this  contract  or  of  his  right,  title  or  interest  therein  or 
any  of  the  moneys  to  become  due  under  this  contract,  to  any 
other  person,  company  or  corporation,  this  contract  may  at  the 
option  of  the  Commission  be  revoked  and  annulled  and  the  City 
shall  thereupon  be  relieved  and  discharged  from  any  and  all  lia- 
bility and  obligations  growing  out  of  the  same  to  the  Contractor 
and  to  his  assignee  or  transferee;  and  no  right  under  this  contract 
or  to  any  money  to  become  due  hereunder  shall  be  asserted 
against  the  City  in  law  or  in  equity  by  reason  of  any  so-called 
assignment  of  this  contract  or  any  part  thereof  or  of  any  moneys 
to  grow  due  hereunder  unless  authorized  as  aforesaid  by  the 
written  consent  of  the  Commission ;  provided  that  nothing  herein 
contained  shall  be  construed  to  hinder,  prevent  or  affect  an  as- 
signment by  the  Contractor  for  the  benefit  of  his  creditors  made 
pursuant  to  the  statutes  of  the  State  of  New  York. 

ARTICLE  LXVIII.  In  case  the  Commission  shall  cease  to 
exist,  the  Legislature  may  provide  what  public  officer  or  officers 
shall  exercise  the  powers  and  duties  of  the  Commission  under 

114 


MISCELLANEOUS  PROVISIONS 

and  by  virtue  of  this  contract;  and  in  default  of  such  provision, 
such  powers  and  duties  shall  be  deemed  to  be  vested  in  the 
Mayor  of  the  City.  In  case  any  officer  or  officers  other  than 
the  Commission  shall  hereafter  have  the  powers  of  the  Com- 
mission or  any  of  them,  then  the  provisions  of  this  contract  shall 
be  applicable  to  such  officer  or  officers  to  the  extent  to  which 
the  powers  of  the  Commission  shall  appertain  to  such  officer  or 
officers,  and  any  official  act  or  determination  of  such  officer  or 
officers  or  of  the  Commission  shall  be  sufficient  hereunder,  any- 
thing herein  to  the  contrary  notwithstanding,  if  the  same  be  done 
or  had  by  lawful  vote  or  resolution  or  in  such  manner  as  the 
Legislature  may  from  time  to  time  prescribe. 

ARTICLE  LXIX.  The  Contractor  agrees  to  comply  with  the 
provisions  of  the  Labor  Law,  including  Section  Three  thereof 
as  re-enacted  by  Chapter  36  of  the  Laws  of  1909.  The  Con- 
tractor further  agrees  and  stipulates  that  no  laborer,  workman 
or  mechanic  in  the  employ  of  the  Contractor,  subcontractor  or 
other  person  doing  or  contracting  to  do  the  whole  or  a  part  of 
the  work  contemplated  by  this  contract,  shall  be  permitted  or 
required  to  work  more  than  eight  (8)  hours  in  any  one  calendar 
day,  except  in  case  of  extraordinary  emergency  caused  by  fire, 
flood  or  danger  to  life  or  property;  and  further  that  the  wages 
to  be  paid  for  a  legal  day's  work  as  hereinbefore  defined  to 
all  classes  of  such  laborers,  workmen  or  mechanics  upon  the 
work  contemplated  by  this  contract  or  upon  any  material  to  be 
used  upon  or  in  connection  therewith,  shall  be  not  less  than 
the  prevailing  rate  for  a  day's  work  in  the  same  trade  or  occupa- 
tion in  the  locality  within  the  state  where  the  work  hereby  con- 
templated, on,  about  or  in  connection  with  which  such  labor  is 
performed  in  its  final  or  completed  form  is  to  be  situated,  erected 
or  used;  and  that  each  such  laborer,  workman  or  mechanic  em- 
ployed by  the  Contractor  or  by  any  subcontractor  or  other  person 
on,  about  or  upon  the  work  contemplated  by  this  contract,  shall 
receive  such  wages  herein  provided  for.  This  contract  shall  be 
void  and  of  no  effect  unless  the  Contractor  shall  secure  com- 
pensation for  the  benefit  of,  and  keep  insured  during  the  life  of 
this  contract,  the  employees  engaged  on  this  contract  in  compli- 
ance with  the  provisions  of  chapter  forty-one  of  the  laws  of 
nineteen  hundred  and  fourteen,  known  as  the  workmen's  com- 

115 


MISCELLANEOUS   PROVISIONS 

pensation  law,  and  acts  amendatory  thereto.  In  obedience  to  the 
requirements  of  Section  Fourteen  of  the  Labor  Law  it  is  further 
provided  that  if  the  provisions  of  the  said  Section  Fourteen  are 
not  complied  with,  this  contract  shall  be  void. 

ARTICLE  LXX.  It  is  the  intent  and  understanding  of  the 
parties  to  this  contract  that  each  and  every  provision  of  law 
required  to  be  inserted  in  this  contract  should  be  and  is  inserted 
herein.  Furthermore,  it  is  hereby  stipulated  that  every  such 
provision  is  to  be  deemed  to  be  inserted  herein;  and  if,  through 
mistake  or  otherwise,  any  such  provision  is  not  inserted  or  is  not 
inserted  in  correct  form,  then  this  contract  shall  forthwith,  upon 
the  application  of  either  party,  be  amended  by  such  insertion  so 
as  to  comply  strictly  with  the  law  and  without  prejudice  to  the 
rights  of  either  party  hereunder. 

ARTICLE  LXXI.  If  this  contract  contains  any  unlawful  pro- 
vision not  an  essential  part  of  the  general  structure  of  the  con- 
tract and  which  shall  not  appear  to  have  been  a  controlling  or 
very  material  inducement  to  the  making  thereof,  the  same  shall 
be  deemed  to  be  of  no  effect,  and  shall  upon  the  application  of 
either  party,  be  stricken  from  this  contract  without  affecting  the 
binding  force  of  the  contract  as  it  shall  remain  after  omitting 
such  provision. 


116 


TESTIMONIUM 

IN  WITNESS  WHEREOF,  this  contract  has  been  executed  for 
THE  CITY  OF  NEW  YORK  by  the  PUBLIC  SERVICE  COMMISSION 
FOR  THE  FIRST  DISTRICT  under  and  by  virtue  of  a  resolution 
duly  adopted  by  the  Commission  and  the  seal  of  the  Commis- 
sion has  been  hereto  affixed  and  attested  by  its  Secretary  and 
these  presents  have  been  signed  by  its  Chairman ;  and  the  CON- 
TRACTOR has*  [hereunto  set  hand  and  seal 
]  [caused  corporate  seal  to 
be  hereto  affixed  and  these  presents  to  be  executed  by 
proper  officers]  the  day  and  year  first  above  written. 

THE  CITY  OF  NEW  YORK 
by  the 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT 
By 


Chairman 
Attest 

Secretary 


*If  the  Contractor  be  an  individual,  use  the  words  enclosed  in  the 
first  bracket;  if  a  corporation,  use  the  words  enclosed  m  the  second 
bracket.  » 

117 


ACKNOWLEDGMENT   FOR   COMMISSION 

STATE  OF  NEW  YORK,    ) 
County  of  New  York,   C 

On  the  day  of  ,  1918,  before  me 

personally  appeared  Charles  Bulkley  Hubbell  and  James  B. 
Walker,  to  me  known  and  known  to  me  to  be  the  said  Charles 
Bulkley  Hubbell,  the  Chairman,  and  the  said  James  B.  Walker, 
the  Secretary  of  the  Public  Service  Commission  for  the  First 
District;  and  the  said  Charles  Bulkley  Hubbell  and  James  B. 
Walker  being  by  me  duly  sworn,  did  depose  and  say,  each  for 
himself  and  not  the  one  for  the  other,  the  said  Charles 
Bulkley  Hubbell,  that  he  resides  in  the  Borough  of  Manhat- 
tan, in  the  City,  County  and  State  of  New  York,  that 
he  is  the  Chairman  of  the  said  Commission  and  that  he  subscribed 
his  name  to  the  foregoing  contract  by  virtue  of  the  authority 
thereof ;  and  the  said  James  B.  Walker,  that  he  resides  in  the 
Borough  of  Manhattan,  in  the  City,  County  and  State  of  New 
York,  that  he  is  the  Secretary  of  the  said  Commission  and  that 
he  subscribed  his  name  thereto  by  like  authority;  and  both  the 
said  Charles  Bulkley  Hubbell  and  James  B.  Walker  that  they 
know  the  seal  of  the  said  Commission  and  that  one  of  the  seals 
affixed  to  the  foregoing  contract  is  such  seal  and  that  the  same 
was  affixed  to  the  foregoing  contract  by  the  authority  of  the 
said  Commission  and  of  a  resolution  duly  adopted  by  the  same. 


118 


ACKNOWLEDGMENTS    FOR   CONTRACTOR 

STATE  OF  NEW  YORK, 
County  of  New  York, 

On  this  day  of  ,  1918,  before  me 

personally  came 

to  me  known  and  known  to  me  to  be  the  individual  described 
in  and  who  executed  the  foregoing  instrument,  and  he  duly 
acknowledged  to  me  that  he  executed  the  same. 


STATE  OF  NEW  YORK,    J 
County  of  New  York,   V  ' 

On  this  day  of  ,  1918,  before  me 

personally  appeared 

to  me  known,  who,  being  by  me  first  duly  sworn,  did  depose  and 
say:  That  he  resides  in  , 

in  the  State  of  ;  that  he  is 

of  the  corporation 

described  in  and  which  executed  the  foregoing  instrument;  that 
he  knows  the  corporate  seal  of  said  corporation ;  that  one  of  the 
seals  affixed  to  said  contract  is  such  corporate  seal,  and  that  it 
was  affixed  thereto  by  order  of  the  Board  of  Directors  of  said 
corporation,  and  that  he  signed  his  name  thereto  by  like  authority. 


119 


SCHEDULE  OF  SECURITIES 

(Note. — If  the  Contractor,  upon  the  approval  of  the  Com- 
mission, deposits  securities  in  lieu  of  a  bond,  a  description  of 
such  securities  with  their  values  shall  be  inserted  below.) 


120 


FORM    OF 
CONTRACTOR'S    BOND 

Construction  of  Addition  to  Shops 

LENOX  AVENUE  AND  148TH  STREET  YARD 
(Under  Contract  No.  3) 


FORM  OF  CONTRACTOR'S  BOND 

ADDITION  TO  SHOPS,  LENOX  AVENUE  AND  148TH  STREET  YARD 
(UNDER  CONTRACT  No.  3) 

Know  All  Men  by  These  Presents,  That 
of 

hereinafter  called  the  Contractor  and 
and 

hereinafter  called  the  Sureties  are  held  and  firmly  bound  unto 
The  City  of  New  York,  hereinafter  called  the  City,  in  the  sum 
of  ten  thousand  dollars  ($10,000)  lawful  money  of  the  United 
States  of  America,  to  be  paid  to  the  City,  for  which  payment 
well  and  truly  to  be  made  the  Contractor  and  the  Sureties  do 
hereby  bind  themselves  and  their,  and  each  of  their,  executors, 
administrators,  successors  and  assigns  firmly  by  these  presents, 
as  follows :  The  Contractor  to  be  so  held  and  bound  for  the  full 
amount  of  the  said  sum  of  ten  thousand  dollars  ($10,000)  and 
each  of  the  said  Sureties  to  be  so  held  and  bound  only  for  a 
portion  of  said  sum  as  follows: 

The  said 

for  the  sum  of 

dollars  ($  )  ;  the  said 

for  the  sum  of 

dollars  ($  )  ;  the  said 

for  the  sum  of 

dollars  ($  )  ;  and  the  said 

for  the  sum  of 

dollars  ($  ). 

IN  WITNESS  WHEREOF,  The  Contractor  and  the  Sureties 
have  hereunto  set  their  hands  and  seals  and  such  of  them  as 
are  corporations  have  caused  their  respective  seals  to  be  hereto 
affixed  and  these  presents  to  be  attested  by  the  proper  officers, 
this  day  of  ,  1918. 

WHEREAS,  The  City  by  the  Public  Service  Commission  for 
the  First  District  (hereinafter  called  the  "Commission")  is  about 

122 


FORM  OF  CONTRACTOR'S  BOND 

to  enter  into  a  contract  with  the  Contractor  for  the  construction 
by  the  Contractor  of  an  Addition  to  Shops  at  the  Lenox  Avenue 
and  148th  Street  Yard,  in  the  Borough  of  Manhattan,  in  the 
City  of  New  York,  more  particularly  described  in  the  said  con- 
tract; and 

WHEREAS,  The  City  is  about  to  enter  into  such  contract  with 
the  Contractor  upon  the  condition,  and  not  otherwise,  that  this 
Bond  shall  be  given  to  the  City,  and  upon  the  faith  thereof, 

Now,  THEREFORE,  the  condition  of  the  foregoing  obligation 
is  such  that  if  the  Contractor  shall  faithfully  perform  all  the 
conditions,  covenants  and  requirements  specified  and  provided 
for  in  said  contract,  then  this  obligation  shall  be  null  and  void, 
but  else  it  shall  remain  in  full  force  and  virtue. 

IT  Is  EXPRESSLY  AGREED  between  the  City  and  the  Sureties 
(and  it  is  only  upon  such  agreement  that  the  City  accepts  this 
Bond)  that  the  Sureties  will  and  do  waive  any  and  every  notice 
of  default  on  the  part  of  the  Contractor;  that  they  will  and  do 
permit  the  City  to  extend  the  time  of  the  Contractor  to  do 
any  act;  that  no  omission  on  the  part  of  the  City  to  give  any 
notice  of  extension  of  time  granted  by  or  on  behalf  of  the  City 
shall  be  availed  of  by  the  Sureties  or  any  of  them  as  a  defense 
upon  this  Bond;  that  the  Sureties  shall  not  set  up  or  have  any 
defense  upon  this  Bond  by  reason  of  any  alteration  of  the  said 
contract  unless  such  alteration  shall  be  represented  by  a  formal 
written  instrument  duly  executed  between  the  City  and  the 
Contractor  which  shall  have  been  duly  authorized  by  a  vote  of 
the  Commission  and  entered  into  without  the  consent  of  the 
Sureties ;  and  that  in  case  of  such  alteration,  however  made,  the 
same  shall  be  a  defense  to  the  Sureties  only  to  the  extent  of  the 
actual  injury  or  damage  caused  to  the  Sureties  by  said  alteration. 


123 


FORM  OF 
CONTRACTOR'S  PROPOSAL 

For  Construction  of  Addition  to  Shops  at 

LENOX  AVENUE  AND  148TH  STREET  YARD 
(Under  Contract  No.  3) 


CONTRACTOR'S  PROPOSAL 

FOR  THE  CONSTRUCTION  OF  ADDITION  TO  SHOPS 

LENOX  AVENUE  AND  148TH  STREET  YARD 

(UNDER  CONTRACT  No.  3) 

NOTICE. — There  must  remain  annexed  hereto: 
Copy  of  Invitation  to  Contractors 
Copy  of  Information  for  Contractors 
Copy  of  Form  of  Contract 
Copy  of  Form  of  Bond 

To  the 

PUBLIC  SERVICE  COMMISSION  FOR  THE  FIRST  DISTRICT: 
1.  The  undersigned* 

do  hereby,  in  pursuance  of  the  Invitation  to  Contractors 

and  the  Information  for  Contractors,  copies  of  which  are  an- 
nexed hereto  and  made  a  part  hereof,  propose  according  to  the 
terms  thereof  to  enter  into  a  contract  in  the  form  annexed  hereto 
and  made  a  part  hereof,  with  The  City  of  New  York  (herein- 
after called  the  "  City"),  acting  by  the  Public  Service  Commis- 
sion for  the  First  District  (hereinafter  called  the  "  Commis- 
sion "),  for  the  construction  of  addition  to  Shops  at  Lenox  Ave- 
nue and  148th  Street  Yard,  and  to  furnish  all  necessary  labor, 
materials,  plant,  power,  tools,  supplies  and  other  means  of  con- 
struction and  perform  all  the  work  mentioned  in  the  said  contract 
at  the  prices  for  the  several  items  as  given  in  the  following 
Schedule  of  Unit  Prices  or  as  otherwise  provided  in  the  vforrn 
of  contract.  It  is  understood  that  the  quantities  of  various 
items  specified  in  the  following  schedules  are  approximate  only 
and  are  given  as  a  basis  for  the  uniform  comparison  of  bids 
and  are  not  in  any  way  guaranteed  or  represented  as  correct 
or  intended  to  be  relied  upon,  and  they  shall  not  be  taken  as 
final  and  shall  form  no  basis  for  any  claim  in  case  they  do  not 
correspond  with  the  final  measurements  or  quantities.  It  is 
further  understood  that  the  Commission  reserves  the  right  to 
increase  or  diminish  or  to  omit  entirely  any  of  the  quantities 
of  items  as  therein  stated. 

*  The  bidder's  name  must  be  inserted  here.  If  the  bid  be  submitted  by 
a  corporation,  the  full  legal  title  must  be  given  here  and  a  certified  copy  of 
the  certificate  of  incorporation  must  be  submitted,  together  with  an  affi- 
davit showing  the  amount  of  stock  paid  in  in  cash  and  the  names  and 
addresses  of  the  directors  and  principal  officers.  If  the  bidder  be  a 
foreign  corporation,  proof  must  also  be  submitted  of  its  authority  to  trans- 
act business  in  the  State  of  New  York.  In  case  the  bidder  has  already 
filed  such  papers  with  the  Commission  in  connection  with  another  bid 
he  may  so  state  and  may  omit  such  papers  in  this  instance.  If  the  bid 
be  submitted  by  a  firm,  the  above  blank  must  be  filled  in  in  the  following 
form,  "the  firm  of  A.  B.  &  Co.,  composed  of  A.,  B.,  C,  D.,  etc."  (giving 
the  names  of  all  the  partners). 

126 


CONTRACTOR'S  PROPOSAL 


Item 

Classification 

% 
Unit  Price 

Estimated 
Approxi- 
mate 
Quantities 

This  colur 
not  to  b< 
used  by 
Bidder 

Amoum 

1  

For  earth  excavation  above  mean  high  water 
(except  excavation  for  sewers,  pipes,  con- 
duit and  ducts),  including  the  disposal  of 
it,  etc.,  per  cubic  yd  

1,500 

1-N... 

For  removing  buildings  and  clearing  the  site 
of  the  Shop,  lump  sum  .  . 

2  

For  earth  excavation  below  mean  high  water 
(except  excavation  for  sewers,  pipes,  con- 
duits and  ducts),  including  the  disposal  of 
it,  etc.,  per  cubic  yd  

300 

2-A... 

For  earth  excavation,  both  above  and  below 
mean  high  water,  for  sewers,  pipes,  conduit 
and  ducts,  including  the  disposal  of  it,  etc., 
per  cubic  yd  

300 

6  

For  concrete  masonry,  in  place,  as  follows: 
(c)  For  1  :23^2  ;5  concrete,  per  cubic  yd 

460 

9 

For  brick  masonry   in  place  per  cubic  yd 

550 

9-D... 

For  the  removal  of  old  masonry  of  whatever 
character,  including  the  disposal  of  it,  as 
specified  in  Section  No  269  per  cubic  yd 

380 

12.... 

For  timber  piles,  in  place  and  prepared,  per 
lineal  ft  .  . 

6,600 

13.... 

For  timber  foundations,  placed  and  fastened, 
per  thousand  ft.  B.  M. 

2 

13-F.. 

For  furnishing  and  placing  yellow  pine 
sleepers  for  pit  rails,  including  the  laying 
of  rails,  etc.,  as  required  by  Section  No. 
86-A  per  lineal  ft  of  rail 

1,000 

15-C.. 

For  waterproofing,  coating  of  pitch  without 
fabric  per  square  yd 

500 

15-G.. 

For  waterproofing,  treated  felt,  laid  with 
coal-tar  pitch  or  asphalt,  in  place,  as 
follows: 

(e)  For  5-ply  per  square  yd 

3,800 

19.... 

For  riveted  steel,  painted  and  erected,  per 
ton  

300 

127 


CONTRACTOR'S  PROPOSAL 


Classification 


Unit  Price 


Estimated 
Approxi- 
mate 
Quantities 


For  re-erecting  old  steel,  as  specified  in  Sec- 
tion No.  269,  per  ton 

For  removing  old  steel,  including  the  disposa 
of  it,  as  specified  in  Section  No.  269,  per 
ton.  . 


For  cutting  and  reframing  the  ends  of  exist- 
ing trusses,  as  specified  in  Section  No.  269, 
per  end  of  truss  reframed 


For  steel  beams  and  shapes,  with  or  without 
connections,  or  other  end  details,  painted 
and  erected,  per  ton 


For  miscellaneous  iron  castings,  such  as 
manhole  heads  and  covers,  gratings,  etc. 
in  place,  per  ton 


For  wrought-iron  pipe  railing,  in  place,  per 
lineal  ft.  of  railing 

For  cast-iron  sewer  pipe  (straight  pipe),  in 
place  in  the  work,  per  ton 


For  cast-iron  sewer  pipe  (special  castings), 
in  place  in  the  work,  per  ton 


For  removing  and  storing  existing  rails  arid 
ties  and  shifting  existing  tracks,  as 
follows : 

(a)  For  removing  the  existing  tracks  and 
storing  the  rails  and  ties,  per  lin.  ft.  of 
track.  . 


(b)  For  shifting  existing  tracks,  per  lin.  ft.  of 
track 

For  concrete  and  cinder  work,  in  place,  as 
follows : 


(a)  For  6-inch  concrete  floor,  per  sq.  ft 

(b)  For  1-inch  cement  floor  finish,  per  sq.  ft. 

(c)  For  cement  coping,  per  lin.  ft 


(d)  For  4-inch  reinforced  cinder  concrete  roof 
slab,  per  sq.  f t 


18 

28 
14 
50 

1 

150 

16 

2 


550 
460 

19,300 

19,300 

370 

22,000 


128 


CONTRACTOR'S  PROPOSAL 


Item 

Classification 

Unit  Price 

Estimated 
Approxi- 
mate 
Quantities 

This  column 
not  to  be 
used  by 
Bidder 

Amount 

(e)  For  cinder  concrete  curbs  for  skylights, 
per  cu  ft                            

3,500 

(f)  For  cinder  floor  in  blacksmith  shop,  per 
so  vd                                  

650 

(g)  For    1:3:6    cinder    concrete    for    in- 

12,900 

763-C 

For  copper  flashing,  complete  in  place,  per 
Sq  ft                               

80 

765-D 

For  galvanized  iron  gutters,  in  place,  per 
lin  ft                                               

350 

768... 

For  metal  leaders,  in  place,  as  follows: 

(a)  For  3-inch  galvanized  iron  leaders,  per 
lin  ft                                         

280 

(g)  For  5-inch  wrought-iron  leaders,  per  lin. 
ft                                        

250 

(h)  For  6-inch  wrought-iron  leaders,  per  lin. 
"ft                                  

170 

795... 

For  electric  conduit,  in  place,  as  follows: 

(&}    TiVvr  thrpp-fnurtVis  C&/£\  in     Der  lin    ft 

550 

(\\\  T^nr  rmp  (\\  in     npr  lin    ft 

1,320 

(d)  For  two  (2)  in    per  lin  ft                     .  •  • 

500 

(f)  For  three  (3)  in    per  lin  ft             

1,000 

7QA 

100 

797... 

For  cast-iron  pull  boxes,  in  place,  as  follows: 
(a)  For  6-inch  by  6-inch  by  6-inch  boxes, 

5 

(j)  For    36-in.  by  18-in.  by    6-inch  boxes, 

1 

799... 

For  steel   panelboard  boxes,   in   place,    as 
follows  : 

(i)    For   29-in.   by  6-in.  by    45-in.    boxes, 

2 

129 


CONTRACTOR  S    PROPOSAL 


Classification 


Unit  Price 


Estimated 
Approxi- 
mate 
Quantities 


This  column 

not  to  be 

used  by 

Bidder 

Amount 


For  steel  sash  windows,  as  follows: 

(a)  For  new  fixed  steel  sash  windows,  in 
place,    including    glazing,    painting,    etc 
per  sq.  f t 


(b)  For  new  steel  sash  ventilating  monitor 
windows,  in  place,  including  approvec 
operating  devices,  glazing,  painting,  etc. 
per  sq.  ft 


(c)  For  removing  steel  sash  windows  from 
south  wall  of  existing  shops  and  re-erecting 
them  in  south  wall  of  Shop,  lump  sum.  . 

For  galvanized  iron  skylights,  in  place,  in- 
cluding approved  operating  devices,  glaz- 
ing, painting,  etc.,  as  follows: 


(a)  For  Type  "A,"  per  skylight. . 

(b)  For  Type  "B,"  per  skylight. . 

(c)  For  Type  "C,"  per  skylight. . 


For  removing,  resetting  and  installing  doors 
windows,  stairs,  rails,  etc.,  as  follows: 

(a)  For  removing  steel  rolling  lift  doors  from 
east  wall  of  existing  shops  and  re-erecting 
them  in  east  wall  of  Shop,  including 
painting,  etc.,  lump  sum 


(b)  For  removing  existing  iron  stairs  and 
landings  and  re-erecting  them  in  another 
location,  including  painting  (but  not  in- 
cluding new  steelwork),  etc.,  as  required 
by  Section  No.  269,  lump  sum 


(c)  For  removing^existing  window  at  location 
of  new  bridge  landing,  and  furnishing  and 
installing  new  door,  including  all  work  due 
to  connecting  new  bridge  landing  to 
existing  wall,  painting  and  all  other 
incidental  work,  as  required  by  Section 
No.  269,  lump  sum 


(d)  For  furnishing  and  installing  70-pound 
rail  for  crane  runway,  complete  in  place, 
per  lin.  ft.  of  rail 


200 


2,300 


24 
24 
12 


420 


130 


CONTRACTOR'S  PROPOSAL 

(2)  If  this  Proposal  is  accepted  and  the  proposed  contract 
consented  to  by  the  Board  of  Estimate  and  Apportionment,  the 
undersigned  will  within  three  (3)  days  after  the  delivery  of 
notice  attend  at  the  office  of  the  Commission,  in  person  or  by 
duly  authorized  representative,  and  will  then  and  there  deliver 
the  contract  with  the  City  in  the  form  aforesaid  duly  executed 
and  with  its  execution  duly  proved ;  and  the  undersigned  will  at 
the  same  time  deliver  to  the  Comptroller  of  the  City  pursuant  to 
the  terms  of  the  said  contract  a  bond  in  the  sum  of  ten  thousand 
dollars  ($10,000)  in  the  form  annexed  hereto  and  made  a  part 
hereof  with  the  following  named  sureties  or,  in  the  event  that 
the  following  named  sureties  or  any  of  them  shall  not  be  ap- 
proved by  the  Commission,  with  such  other  securities  as  the  Com- 
mission shall  approve* 


It  is  understood  that  the  acceptance  of  this  Proposal  by  the 
Commission  shall  not  be  construed  as  an  approval  of  the  sureties 
or  securities  named  in  this  Proposal,  and  in  case"  the  sureties  or 
securities  named  in  this  Proposal  are  not  approved  by  the  Com- 
mission, the  undersigned,  within  three  (3)  days  after  notice 
of  disapproval  or  within  such  further  period,  if  any,  as  may  be 
prescribed  by  the  Commission,  shall  substitute  the  names  of 
other  sureties  or  securities  approved  by  the  Commission. 

(3)   If  the  Commission  shall  notify  the  undersigned  that  this 

*  The  bidder  may,  under  the  Rapid  Transit  Act,  upon  the  approval  of 
the  Commission,  deposit  cash  or  securities  in  lieu  of  a  bond;  and  the 
bidder,  if  desirous  of*  so  doing,  shall  so  state  here  and  shall  strike  out 
the  words  in  italics  and  shall  insert  in  the  Schedule  of  Securities  follow- 
ing the  description  of  the  securities  proposed  to  be  deposited.  If  securi- 
ties are  to  be  deposited,  they  shall  be  securities  which  are  lawful  for  the 
investment  of  funds  of  savings  banks  within  the  State  of  New  York  and 
shall  be  approved  by  the  Commission.  If  a  bond  is  to  be  delivered,  the 
names  of  the  proposed  sureties  shall  be  inserted  here. 

131 


CONTRACTOR'S  PROPOSAL 

Proposal  is  accepted  and  that  the  proposed  contract  is  consented 
to  by  the  Board  of  Estimate  and  Apportionment,  then  if  the 
undersigned  shall  fail  within  three  (3)  days  thereafter  or  with- 
in such  further  period,  if  any,  as  may  be  prescribed  by  the  Com- 
mission to  execute  and  deliver  the  contract  or  to  execute  and 
deliver  the  said  bond  or  to  make  the  said  deposit  in  cash  or 
securities,  the  undersigned  may,  at  the  option  of  the  Commission, 
be  deemed  either  to  have  made  the  contract  or  to  have  abandoned 
the  contract. 

And  in  the  latter  case  the  Commission  may  give  notice  there- 
of to  the  undersigned  and  may  thereupon  proceed  to  make  an- 
other contract  for  the  construction  of  addition  to  Shops  at  Lenox 
Avenue  and  148th  Street  Yard  with  such,  if  any,  of  the  original 
bidders  as,  in  the  opinion  of  the  Commission,  it  will  be  to  the 
best  interests  of  the  Cfty  to  contract  with  or  may  by  new  ad- 
vertisement invite  further  proposals,  and  the'  undersigned  shall 
thereupon  be  liable  to  the  City  for  all  loss  and  damage  sustained 
by  the  City  by  reason  of  such  failure  of  the  undersigned.  In- 
asmuch as  the  amount  of  such  loss  and  damage  will  be  extremely 
difficult  to  ascertain,  especially  in  view  of  the  fact  that  said  addi- 
tion to  Shops  at  Lenox  Avenue  and  148th  Street  Yard  is  neces- 
sary for  the  full  operation  of  a  railroad  system,  it  is  expressly 
understood  and  agreed  that  such  loss  and  damage  shall  be  liqui- 
dated and  paid  as  follows :  The  undersigned  shall  pay  to  the 
City  the  expense  of  such  new  advertisement,  if  any,  and  in  addi- 
tion thereto  the  sum  of  three  hundred  dollars  ($300)  for  each 
and  every  day,  except  Sundays  and  legal  holidays,  that  the  City 
shall  be  delayed  in  entering  into  a  contract  for  the  construction 
of  said  addition  to  shops  at  Lenox  Avenue  and  148th  Street  Yard 
by  reason  of  such  failure  of  the  undersigned  and  in  addition  there- 
to the  excess,  if  any,  of  the  amount  of  the  bid,  calculated  from 
the  prices  contained  in  said  bid  and  the  quantities  contained  in 
this  Proposal,  which  the  City  shall  accept  and  upon  which  it 
shall  enter  into  a  contract  for  the  construction  of  said  addition 
to  Shops  at  Lenox  Avenue  and  148th  Street  Yard  over  the  amount 
of  the  bid,  calculated  from  the  quantities  and  prices  contained  in 
this  Proposal,  of  the  undersigned ;  which  sums  are  hereby  agreed 
upon  not  as  a  penalty  but  as  liquidated  damages  which  the  City 
will  suffer  by  reason  of  such  failure  of  the  undersigned.  And  the 
Invitation  to  Contractors  and  the  Information  for  Contractors 

132 


CONTRACTOR  S    PROPOSAL 

and  this  Proposal  shall  constitute  a  contract  binding  the  under- 
signed to  pay  to  the  City  the  loss  and  damage  sustained  by  the 
City  by  reason  of  such  failure  of  the  undersigned,  as  aforesaid. 

(4)  At  the  time  of  delivering  this  Proposal  to  the  Commis- 
sion the  undersigned  will   separately   deliver   a  certified  check 
payable  to  the  order  of  the  Comptroller  of  the  City  for  the  sum 
of  five  thousand  dollars  ($5,000).     And  the  undersigned  hereby 
assigns  to  the  City  the  said  sum  so  specially  deposited  by  the 
delivery  of  such  certified  check  as  security  for  the  performance 
of  the  obligations  of  the  undersigned  under  this  Proposal.     It  is 
understood  that  such  check  is  to  be  returned  to  the  undersigned 
when  the  contract  for  the  construction  of  said  addition  to  shops 
at  Lenox  Avenue  and  148th  Street  Yard  is  executed  and  its  pro- 
visions in  respect  of  the  bond  or  deposit  are  complied  with,  un- 
less all  the  proposals  submitted  in  response  to  said  Invitation  to 
Contractors  shall  be  rejected  by  the  Commission,  and  in  that 
case  when  such  proposals  are  rejected,  as  provided  in  the  In- 
formation for  Contractors.     In  case  the  undersigned  shall  de- 
fault in  the  performance  of  any  of  the  obligations  of  the  under- 
signed under  this  Proposal,  the  City  shall  have  the  right  to  apply 
the  amount  so  specially  deposited  or  so  much  thereof  as  may  be 
necessary  as  a  payment  on  account  of  the  damages  sustained  by 
the  City  by  reason  of  such  default  as  aforesaid  and  shall  return 
the  balance,  if  any,  to  the  undersigned.     If  the  amount  of  such 
damages  shall  exceed  the  amount  of  said  sum  so  specially  de- 
posited, the  undersigned  shall  promptly  upon  demand  from  the 
Commission  pay  the  amount  of  such  excess  to  the  City. 

(5)  A  notice  that  this  Proposal  has  been  accepted  and  that 
the  said  contract  has  been  consented  to  by  the  Board  of  Estimate 
and  Apportionment  addressed  to  the  undersigned  by  the  Com- 
mission as  aforesaid  shall  forthwith,  at  the  option  of  the  Com- 
mission, operate  as  against  the  undersigned  as  a  complete  mak- 
ing of  a  contract  according  to  the  form  thereof  as  aforesaid,  with 
the  blanks  therein  contained  filled  in  according  to  this  Proposal. 

(6)   The  Commission  may  cause  any  notice  intended  for  the 
undersigned  to  be  delivered  at  Room  No.  on  the 

floor  of  the  building  No. 

in  the  Borough  of  in  the  City,  of  New  York. 

Such  delivery  shall  be  sufficient  notice  to  the  undersigned. 

133 


CONTRACTOR'S  PROPOSAL 

(7)  There  are  no  persons  interested  with  the  undersigned  in 
this  Proposal,  except* 


(8)  This  Proposal  is  made  without  any  connection  with  any 
other  person  making  a  proposal  or  bid  for  the  same  purpose  and 
is  in  all  respects  fair  and  without  collusion  or  fraud.  No  mem- 
ber of  the  Board  of  Aldermen,  head  of  department,  chief  of 
bureau,  deputy  thereof  or  clerk  therein  or  other  officer  of  the 
City  or  any  member  or  employee  of  the  Commission  is  interested 
directly  or  indirectly,  as  contracting  party,  partner,  stockholder 
or  otherwise,  in  or  in  the  performance  of  the  contract  or  in  the 
supplies,  work  or  'business  to  which  it  relates  or  in  any  portion 
of  the  profits  thereof. 

Datedf  ,  1918 


*  Here  insert  the  names  and  addresses  of  all  persons  interested  with 
the  bidder.     If  there  are  no  such  persons,  strike  out  the  word  "  except." 
f  The  bidder  must  sign  his  proposal  on  this  page. 

134 


CONTRACTOR  S  PROPOSAL 
SCHEDULE  OF  SECURITIES 

(NOTE. — If  the  bidder  desires  not  to  give  a  bond,  but  to  de- 
posit securities  in  lieu  thereof,  a  description  of  the  securities  to 
be  deposited  for  that  purpose -must  be  inserted  below. 

All  securities  when  delivered  must  be  payable  to,  or  run  in 
favor  of,  or  be  transferred  to,  the  Comptroller  of  The  City  of 
New  York.) 


135 


CONTRACTORS   PROPOSAL 


Affidavit  of  Verification 
STATE  OF  NEW  YORK, 


City  and  County  of  New  York, 

being  duly 

sworn,  says:     I  am* 

the  proposing  Contractor  above  named.     I  have  read  the  fore- 
going proposal.     The  same  is  in  all  respects  true. 

Sworn  to  before  me  this 

day  of  ,  1918. 


*  If  the  bidder  be  an  individual,  do  not  fill  this  blank;  if  the  bidder  be 
a  firm,  here  say,  "a  member  of  the  firm  of  ;" 

if  a  corporation,  say  "the   (President  or  other  officer  duly  authorized) 
of  the  Company." 

136 


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